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UNITED STATES v. VITALE

No. SSS 81 Cr. 803 (RWS).

635 F.Supp. 194 (1986)

UNITED STATES of America v. Salvatore VITALE, et ano., Defendant.

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

May 5, 1986.

Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City (Warren Neil Eggleston, Asst. U.S. Atty., of counsel), for U.S.

Stanley A. Teitler, P.C., New York City (Stanley A. Teitler, Amy Adelson and Richard H. Levenson, of counsel), for defendant.

OPINION

SWEET, District Judge.

Defendant Salvatore Vitale ("Vitale") has moved pursuant to Fed.R.Crim.P. 12(b)(2) for dismissal of his indictment as facially insufficient as it fails to charge the obstruction of justice predicate to the alleged violation of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961 et seq. (hereinafter "RICO") with sufficient specificity. A review of the obstruction of justice charge demonstrates...

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