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U.S. v. SCHWIMMER

No. 87 CR 423(SS).

700 F.Supp. 104 (1988)

UNITED STATES of America v. Martin SCHWIMMER and Mario Renda, Defendants.

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

November 10, 1988.

Attorney(s) appearing for the Case

Andrew J. Maloney, U.S. Atty. E.D.N.Y. and Edward A. McDonald, Atty.-in-Charge, Organized Crime Strike Force, E.D.N.Y. (Bruce Maffeo, Sp. Atty., Alan Friedman, Sp. Atty., of counsel), for U.S.

Robert S. Fink, New York City (Kostelantz Ritholz Tigue & Fink, New York City, Kathryn Keneally, of counsel), for defendant Schwimmer.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

During deliberations, questions were raised by the jury regarding the interpretation of the phrase "bona fide compensation" used in the context of 18 U.S.C. § 1954.1 The Court ruled that in order for the trustees of an employee benefit plan to determine whether compensation is bona fide, the trustees must be given full disclosure of the details of such compensation. The following...

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