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U.S. v. AUFFENBERG

No. CRIM.2007-0047.

539 F.Supp.2d 781 (2008)

UNITED STATES of America, and The People of the Virgin Islands, Plaintiffs, v. James A. AUFFENBERG, Jr., Auffenberg Enterprises of Illinois, Inc., Peter G. Fagan, James W. Ferguson, III, J. David Jackson, Kapok, Inc., Kapok Management, L.P., St. Clair I, LLC, St. Clair II Holdings VI, LLC, Defendants.

District Court, Virgin Islands, St. Croix Division.

February 25, 2008.

Attorney(s) appearing for the Case

Bruce E. Reppert, Michael J. Quinley, United States Attorney Office, Fairview Heights, IL, Gregory Edward Tortella, Michelle Marie Petersen, U.S. Department of Justice, Tax Division, Washington, DC, for U.S.

Judy L. Cates, The Cates Law Firm, L.L.C., Swansea, IL, Lee Rohn, St Croix, VI, Sanford Boxerman, Capes, Sokol, Goodman & Sarachan, P.C., St. Louis, MO, for Defendant James Auffenberg, Jr.

MEMORANDUM OPINION

FINCH, District Judge.

THIS MATTER comes before the Court on the Supplemental Motion of Defendant J. David Jackson to Dismiss Counts of the Superseding Indictment. Jackson challenges the sufficiency of each count with which he is charged.

An indictment is generally deemed sufficient if it "(1) contains the elements of the offense intended to be charged (2) sufficiently apprises the defendant of what he must be prepared to meet...

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