United States v. Michael Arkus

Arkus was convicted on eight counts of mail fraud, and contends that dismissal of his indictment is required by the government’s failure to bring him to trial within the 70-day time limit imposed by the Speedy Trial Act, (Act) 18 U.S.C. § 3161 et seq. (1976 and Supp. Ill 1979), and because his constitutional right to a speedy trial was violated. We affirm his conviction.

FACTS

On July 31, 1980, Arkus and three business associates were indicted and arraigned on numerous counts of mail fraud in violation of 18 U.S.C. § 1341 . Trial was set for October 7, 1980. On September 11, Jack Karen, a critical government witness, died. The government did not learn of the death until September 25. It confirmed Karen’s death on September 30, and moved on October 3 to dismiss the indictment as to each defendant, pursuant to Fed.R.Crim.P. 48(a).

On December 23, only Arkus was reindicted for essentially the same offenses. He appeared with counsel for arraignment on December 29. The district court was advised that the case required special trial setting consideration because, at the time the first indictment was dismissed, only six days remained under the original 70-day period for commencement…