United States v. Telink, Inc.

MEMORANDUM DECISION

The government’s motion to declare admissible evidence at retrial came on for hearing March 18,1988, before the Honorable Earl B. Gilliam. The government was represented by Lantz Lewis; defendants were represented by George Boisseau, Ramon Castro, Mario Conte, Frank Gregor-cich, Steven Hurst, John Mitchell, Andrew Stein, and Frank Vecchione. At the hearing, the parties’ arguments focused on whether the government had alleged that defendants had defrauded it of a “property” right within the meaning of the federal mail fraud statute, 18 U.S.C. § 1341 (1982). At the conclusion of the hearing, the court reserved its ruling and informed the parties that it would issue a written opinion. Having considered the points and authorities and oral argument of counsel, the court issues this memorandum decision.

FACTS

Defendants, numerous individuals and two corporations, have been indicted in a forty-six count indictment. The crimes defendants are charged with include mail fraud and wire fraud. For purposes of this motion, the indictment in pertinent part charged that defendants committed the following acts:

Indictment at 70.

This case proceeded to trial in the spring…