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UNITED STATES v. IANNIELLO

No. S 85 Cr. 115 (CBM).

644 F.Supp. 452 (1985)

UNITED STATES of America, v. Matthew IANNIELLO, a/k/a "Matty the Horse", Benjamin Cohen, a/k/a "Benny Cohen," Vincent Fiorillo, a/k/a "Jimmy Fiorillo," Michael Fiorillo, a/k/a "Red Fiorillo," Anthony Fiorillo, Joseph Fiorillo, and Michael Marchini, a/k/a "Mike Atlas," Defendants.

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

September 3, 1985.

Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty. for S.D. N.Y. by Howard E. Heiss, James B. Rather, Robert Ullman, New York City, for U.S.

Jay Goldberg, New York City, for defendant Matthew Ianniello.

Goldman & Hafetz by Frederick Hafetz, New York City, for defendant Benjamin Cohen.

Fischetti, Feigus & Pomerantz by Ronald Fischetti, New York City, for defendant Vincent Fiorillo.

Gerald B. Lefcourt, New York City, for defendant Michael Fiorillo.

Hoffman, Pollok & Gasthalter, John Pollok, New York City, for defendant Anthony Fiorillo.

Power, Weiss & Marks by Jonathan Marks, New York City, for defendant Joseph Fiorillo.

Richard Levitt, New York City, for defendant Michael Marchini.

OPINION

MOTLEY, Chief Judge.

The recently and hastily enacted Comprehensive Forfeiture Act of 1984, Pub.L. No. 98-473, Title II, has, and no doubt, will continue to result in many thorny legal issues to be considered by the courts. Two such issues are before this court. Defendants have made an application seeking the release of certain funds now subject to a restraining order which was issued pursuant to an ...

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