OPINION
DEBEVOISE, District Judge.
The indictment in this case charges that defendant, John Cusack, and unindicted co-defendant Quality Steel, Inc. ("Quality Steel") knowingly and willfully violated specified standards promulgated pursuant to the Occupational Safety and Health Act ("OSHA"), thereby causing the death of employee Hugo Castro, in violation of 29 U.S.C. § 666(e) and 18 U.S.C. § 2.
Section 666(e) of OSHA provides
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