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UNITED STATES v. GARCIA

88 Cr. 852 (DNE).

774 F.Supp. 848 (1991)

UNITED STATES of America v. Robert GARCIA, Jane Lee Garcia, and Ralph Vallone, Jr., Defendants.

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

October 1, 1991.

Attorney(s) appearing for the Case

Otto G. Obermaier, U.S. Atty., S.D.N.Y., New York City (Michele Hirshman, Jeh C. Johnson, Asst. U.S. Attys., of counsel), for U.S.

Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C., New York City (Barry Bohrer, of counsel), for defendant Robert Garcia.

Fischetti & Russo, New York City (Ronald P. Fischetti, of counsel), for defendant Jane Garcia.

GOLDMAN & HAFETZ, New York City (Lawrence S. Goldman, Alexander E. Eisemann, of counsel), for defendant Ralph Vallone, Jr.

MEMORANDUM AND ORDER

EDELSTEIN, District Judge:

Defendants' request that this Court charge the jury in this case that there is a quid pro quo requirement under a theory of extortion under color of official right. For the reasons discussed below, defendants' request is denied.

There is a split amongst the circuits on whether an affirmative act of inducement is required to prove extortion under color of official right. In United States v...

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