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U.S. v. HUPPE

No. 98-CR-349.

67 F.Supp.2d 58 (1999)

UNITED STATES of America, v. Allan HUPPE, Defendant.

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

September 17, 1999.

Attorney(s) appearing for the Case

Office of The United States Attorney, Syracuse, New York (Michael Olmstead, AUSA, of counsel), for U.S.

Harrington & Mahoney, Buffalo, New York (Mark Mahoney, of counsel), for defendant.

MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

I. Background

Defendant Allan Huppe was charged in a four-count Indictment with: (1) knowingly devising a scheme to defraud and to obtain money from the Highland Nursing Home, Inc. Retirement Plan (the "Plan") by means of false and fraudulent pretenses and representations using the interstate or foreign wires, in violation of 18 U.S.C. § 1343 (Counts One, Two, and Three); and (2) embezzling...

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