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UNITED STATES v. MOTT

No. 84 Cr. 950-CSH.

603 F.Supp. 1322 (1985)

UNITED STATES of America, v. Edward MOTT, Defendant.

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

March 12, 1985.

Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for the U.S.; Mary T. Shannon, Asst. U.S. Atty., New York City, of counsel.

Harry E. Youtt, New York City, for defendant.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

Defendant is accused in a two count indictment of embezzling funds from his employer, J. Henry Schroder Bank, in violation of 18 U.S.C. § 656. He moves pursuant to Rule 12(b), Fed.R.Crim.P., for dismissal of the indictment on grounds that 1) the activities alleged in the indictment do not violate § 656, and 2) the indictment duplicitously mixes a number of separate violations, some of which,...

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