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U.S. v. ATIYEH

No. CRIM.A. 04-213.

330 F.Supp.2d 499 (2004)

UNITED STATES of America, v. George ATIYEH, Defendant.

United States District Court, E.D. Pennsylvania.

August 4, 2004.

Attorney(s) appearing for the Case

Ronald G. Cole, United States Attorney's Office, Philadelphia, PA, for Plaintiff.

Thomas A. Bergstrom, Malvern, PA, for Defendant.

MEMORANDUM

ROBRENO, District Judge.

Presently before the Court is defendant's motion to dismiss counts 1 and 2 the indictment. Essentially, the charges brought against the defendant allege that he, while acting as the president and 50% shareholder of a debtor in possession (DIP) corporation in bankruptcy proceedings, withdrew funds from DIP accounts without prior authorization of the Bankruptcy Court and that in order to conceal these unauthorized withdrawals...

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