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VALENTI v. PENN MUT. LIFE INS. CO.

No. 10 Civ. 3325 JGK.

850 F.Supp.2d 445 (2012)

Rose VALENTI, et al., Plaintiffs, v. The PENN MUTUAL LIFE INSURANCE CO., et al., Defendants.

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

March 28, 2012.

Attorney(s) appearing for the Case

Jill Rosell , Jill Rosell, PLLC, New York, NY, for Plaintiff.

Steven E. Mellen , Winget, Spadafora & Schwartzberg, LLP, Judith Ann Lockhart , Gerald William Griffin , Leonardo Trivigno , Carter Ledyard & Milburn LLP, New York, NY, for Defendant.

OPINION AND ORDER

JOHN G. KOELTL, District Judge:

This case involves an alleged conspiracy by the defendants to embezzle funds from the plaintiffs' ERISA pension plan (the "Plan"), in violation of 18 U.S.C. §§ 1964 and 664. The plaintiffs are Valenti, Ltd. (the "Company"), a cosmetics and fragrance concern, Rose Valenti, the president and founder of the Company and a Trustee of the Plan, Donald Valenti, her husband and a Plan Trustee, and...

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