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U.S. v. VOLPE

No. CR 92-0034 BAC.

863 F.Supp. 1120 (1994)

UNITED STATES of America, Plaintiff, v. Santo J. VOLPE, Defendant.

United States District Court, N.D. California.

September 7, 1994.

Attorney(s) appearing for the Case

William Schaefer, Asst. U.S. Atty., San Francisco, CA, for plaintiff.

Robert Breakstone, Landels, Ripley & Diamond, San Francisco, CA, Dominic Gentile, Gentile & Porter, Las Vegas, NV, Jeffrey Steinback, Genson, Steinback, Gillespie & Martin, Chicago, IL, for defendant.

ORDER

CAULFIELD, District Judge.

This action comes before the court on defendant's motion to dismiss the Second Superseding Indictment. Defendant challenges the legal sufficiency of the ERISA fraud and mail fraud counts in the Second Superseding Indictment. Upon consideration of the materials and arguments presented to the court, Counts 1 through 23 of the Second Superseding Indictment are DISMISSED for failure to charge an offense under 18 U.S.C...

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