UNITED STATES of America, Appellant,
v.
Viktor KOZENY, David Pinkerton, Defendants,
Frederic Bourke Jr., Defendant-Appellee.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: October 18, 2007.
Decided: August 29, 2008.
Attorney(s) appearing for the Case
Jonathan S. Abernethy, Assistant United States Attorney (Michael J. Garcia, United States Attorney for the Southern District of New York, Jonathan S. Kolodner, Assistant United States Attorney, New York, NY, on the brief, Robertson Park, Assistant Chief, Fraud Section, United States Department of Justice, Washington, DC, of counsel), New York, NY, for Appellant.
Emily Stern, Proskauer Rose LLP (Robert J. Cleary, Dietrich L. Snell, Proskauer Rose LLP, New York, NY, and Dan K. Webb, Gene C. Schaerr, J. David Reich, Jr., Winston & Strawn LLP, Chicago, IL, on the brief), New York, NY, for Defendant-Appellee.
Before: SACK, KATZMANN, and HALL, Circuit Judges.
United States Court of Appeals, Second Circuit.
SACK, Circuit Judge:
The government appeals from a judgment of the United States District Court for the Southern District of New York granting defendant-appellee Frederic Bourke Jr.'s motion to dismiss as to most of the counts on which he had been indicted. The court concluded that the charges against him in those counts were barred by the statute of limitations. The government had previously applied for, and had been granted...
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