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U.S. v. DEGLOMINI

No. 98 CR 917 (ARR).

111 F.Supp.2d 198 (2000)

UNITED STATES of America, v. Joseph DEGLOMINI, Michael Contillo, Thomas Borek, and Paul Staffaroni, Defendants.

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

July 24, 2000.

Attorney(s) appearing for the Case

Richard M. Asche, Litman, Asche & Gioiella, LLP, New York City, for Joseph Deglomini.

Russell M. Gioiella, Litman, Asche & Gioiella, LLP, New York City, for Michael Contillo.

Catherine L. Redlich, Driscoll & Redlich, New York City, for Thomas Borek.

Charles A. Clayman, Clayman & Rosenberg, New York City, for Paul Staffaroni.

Patricia Notopoulos, Office of U.S. Attorney, Criminal Div., Brooklyn, NY, for U.S.

OPINION AND ORDER

ROSS, District Judge.

The defendants in this case move to dismiss the indictment, arguing that its is barred by the statute of limitations. The indictment was handed up prior to the expiration of the limitations period and placed under seal. Fourteen months elapsed before the defendants were arrested and the indictment was unsealed and during that time, the limitations period ran. The question presented in the case is whether the...

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