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UNITED STATES v. HURWITZ

Crim. No. 83-20065.

573 F.Supp. 547 (1983)

UNITED STATES of America, Plaintiff, v. David N. HURWITZ, Marc Weitzen and Richard M. Firestone, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

October 21, 1983.

Attorney(s) appearing for the Case

Samuel Strother, Trial Atty., U.S. Dept. of Justice, Washington, D.C., Mary S. Feinberg, Asst. U.S. Atty., Charleston, W.Va., for the U.S.

Thomas H. Dundon, James F. Neal, Neal & Harwell, Nashville, Tenn., Stanley E. Preiser, Preiser & Wilson, L.C., Charleston, W.Va., for defendant David N. Hurwitz.

John P. Cooney, Jr., Robert B. Fiske, Jr., Davis, Polk & Wardwell, New York City, Joseph R. Goodwin, Charleston, W.Va., for defendant Marc Weitzen.

Benjamin Brafman, New York City, for defendant Richard M. Firestone.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

On June 30, 1983, a grand jury returned the within fifteen-count indictment, wherein Count One alleges that from approximately the Spring of 1976 until the date of the indictment, that the Defendants, Hurwitz, Weitzen and Firestone, violated 18 U.S.C. § 371 by knowingly conspiring to defraud the United States by impeding, impairing, obstructing and defeating the Internal Revenue Service's ascertainment...

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