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U.S. v. BINDAY

No. 12 Cr 152(CM).

993 F.Supp.2d 365 (2014)

UNITED STATES of America, v. Michael BINDAY, James Kevin Kergil, and Mark Resnick, Defendants.

United States District Court, S.D. New York.

January 10, 2014.

Attorney(s) appearing for the Case

Eun Young Choi , Justina Louise Geraci , Paul Michael Monteleoni , Sarah Eddy McCallum , Zachary Feingold , U.S. Attorney's Office, New York, NY, for Plaintiff.

Andrew McCutcheon Lankier , Lankier & Carragher, New York, NY, Elkan Abramowitz , Benjamin Sean Fischer , Jasmine Marie Juteau , Morvillo, Abramowitz, Grand, Iason, & Anello P.C. New York, NY, Matthew J. Gaul , Michael Campion Miller , Steptoe & Johnson, LLP, New York, NY, Michael Steven Ross , Steven Leigh Kessler , Law Offices of Steven L. Kessler, New York, NY, Valerie Anne Koffman , Goodwin Procter, LLP, New York, NY, Roger Lee Stavis , Adam Michael Felsenstein , Gallet Dreyer & Berkey, New York, NY, for Defendants.

DECISION AND ORDER ON DEFENDANT RESNICK'S POST-TRIAL MOTION

McMAHON, District Judge.

Michael Binday, James Kevin Kergil and Mark Resnick, were convicted after a jury trial of conspiring to commit mail and wire fraud (Count One), and of committing substantive mail and wire fraud (Counts Two and Three, respectively). The jury also convicted Kergil and Resnick of conspiring to obstruct justice (Count Four). The...

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