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U.S. v. McGINN

No. 1:12-CR-28.

941 F.Supp.2d 260 (2013)

UNITED STATES of America v. Timothy M. McGINN and David L. Smith, Defendants.

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

April 26, 2013.

Attorney(s) appearing for the Case

Richard S. Hartunian, United States Attorney for the Northern District of New York, of counsel Elizabeth C. Coombe, Esq., Richard D. Belliss, Esq., Wayne A. Myers, Esq., Ass't United States Attorneys, Albany, NY.

E. Stewart Jones Law Firm, PLLC, of counsel E. Stewart Jones, Jr., Esq., Troy, NY, for Defendant Timothy M. McGinn.

Dreyer Boyajian LLP, of counsel William J. Dreyer, Esq., Lauren Owens, Esq., Albany, NY, for Defendant David L. Smith.

MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

On October 11, 2012, a thirty-two count superseding indictment was filed in the Northern District of New York charging defendants Timothy M. McGinn ("McGinn") and David L. Smith ("Smith") (collectively "defendants") each with twenty-nine federal crimes. Counts 1 through 26 charged both defendants with conspiracy to commit mail and wire fraud...

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