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U.S. v. SMITH

Case No. 13-CR-297 (KMK).

985 F.Supp.2d 547 (2014)

UNITED STATES of America v. Malcolm A. SMITH, Daniel J. Halloran, Vincent Tabone, Joseph J. Savino, Noramie Jasmin, and Joseph Desmaret, Defendants.

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

Signed April 4, 2014.

Attorney(s) appearing for the Case

Douglas Benjamin Bloom, Esq., Justin A. Anderson, Esq., Assistant United States Attorneys, United States Attorney's Office, Southern District of New York for the Government.

Gerald Lawrence Shargel, Esq., Ross Mitchell Kramer, Esq., Winston & Strawn, LLP, New York, NY, for Defendant Malcolm A. Smith.

Vinoo P. Varghese, Esq., John Gilgun Mateus, Esq., Varghese & Associates, P.C., New York, NY, for Defendant Daniel J. Halloran.

Grant Martin Lally, Esq., Deborah Nirmala Misir, Esq., Lally & Misir, LLP, Mineola, NY, for Defendant Vincent Tabone.

OPINION AND ORDER

KENNETH M. KARAS, District Judge:

Defendants move to dismiss portions of the Indictment. In particular, Defendants challenge the application of the Travel Act, 18 U.S.C. § 1952, in this case, and the constitutionality of the Honest Services Fraud Statute, 18 U.S.C. § 1346, as applied here. Defendant Malcolm A. Smith ("Smith") also seeks to strike certain portions of the Indictment as prejudicial surplusage. For the reasons...

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