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U.S. v. SAINATO

No. CR-98-397 ADS.

53 F.Supp.2d 316 (1999)

UNITED STATES of America v. Anthony SAINATO and Vincent Sainato, Defendants.

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

May 21, 1999.

Attorney(s) appearing for the Case

United States Department of Justice, Washington, D.C., for the Government, by David P. Bloch, Senior Trial Attorney, Tax Division.

Jacob R. Evseroff, P.C., Brooklyn, NY, for defendant Anthony Sainato.

Dale L. Smith, Brooklyn, NY, for defendant Vincent Sainato.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Presently before the Court are the motions of Vincent Sainato and Anthony Sainato (collectively, the "defendants") for an order dismissing the indictment on the ground that the prosecution against them is vindictive and thus violates the United States Constitution's Fifth Amendment Due Process Clause.

I. BACKGROUND

On January 29, 1998, the Government filed an indictment (CR...

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