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U.S. v. McGOWAN

93 CR 386 (RJD).

854 F.Supp. 176 (1994)

UNITED STATES of America v. Thomas McGOWAN and William Nulty, Defendants.

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

June 15, 1994.

Attorney(s) appearing for the Case

Neil E. Ross, Asst. U.S. Atty., Eastern Dist. of N.Y., Brooklyn, NY, for U.S.

Peter J. Driscoll, Driscoll & Redlich, New York City, for defendant.

DEARIE, District Judge.

Defendant Thomas McGowan moves to dismiss Count One of the indictment on double jeopardy grounds. In addition, McGowan moves to dismiss Counts Two and Three of the indictment on the alternate grounds of double jeopardy or collateral estoppel.

The Court concludes that the Double Jeopardy Clause of the Fifth Amendment bars prosecution of the labor payoff conspiracy charged in Count One, but does not bar prosecution of the substantive...

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