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COMMONWEALTH v. GELFGATT

SJC-11358

468 Mass. 512 (2014)

COMMONWEALTH v. LEON I. GELFGATT.

Supreme Judicial Court of Massachusetts, Suffolk.

June 25, 2014.

Attorney(s) appearing for the Case

Randall E. Ravitz , Assistant Attorney General (Thomas D. Ralph, Assistant Attorney General, with him) for the Commonwealth.

Paul Joseph Davenport ( Stanley D. Helinski with him) for the defendant.

The following submitted briefs for amici curiae:

Daniel B. Garrie , of Washington, & Daniel K. Gelb , for Daniel K. Gelb & others.

David H. Margolis , of Florida, for Florida Department of Law Enforcement & others.

Mark R. Gage & Christian J. Desilets , of West Virginia, for National White Collar Crime Center.

David W. Opderbeck , of New Jersey, for David W. Opderbeck & others.

Nathan F. Wessler , of New York, Hanni M. Fakhoury , of California, & Matthew R. Segal , Jessie J. Rossman , & Kit Walsh , for American Civil Liberties Union Foundation of Massachusetts & others.

Victoria L. Nadel , for Massachusetts Association of Criminal Defense Lawyers.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

SPINA, J.

On May 5, 2010, a State grand jury returned indictments charging the defendant with seventeen counts of forgery of a document, G. L. c. 267, § 1; seventeen counts of uttering a forged instrument, G. L. c. 267, § 5; and three counts of attempting to commit the crime of larceny by false pretenses of the property of another, G. L. c. 274, § 6. The charges arose from allegations that the defendant, through his use of computers, conducted a sophisticated...

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