IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA : -vs- : CRIMINAL NO. 80-00080-1 JACK HALPERIN :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: MOTION OF DEFENDANT TO DISMISS INDICTMENT Now comes, Defendant, Jack Halperin, by his Attorneys, and moves the Court to dismiss the Indictment as to Counts I through XIII with prejudice and avers as follows: 1. The Indictment as to Counts I through XIII must be dismissed, because it fails to state a violation of 15 USC 1703. 2. The Indictment as to Counts I through XIII must be dismissed, because it is barred by the Statute of Limitations. WHEREFORE, the Defendant moves to dismiss the Indictment with prejudice and further moves the Court to order an Evidentiary Hearing of the matters caused in this Motion. In addition, the Defendant reserves the ____________1 right to file a supplemental Motion to Dismiss the Indictment with prejudice in the event that additional grounds to justify such a dismissal are discovered as a result of the discovery requested from the United States Attorney. /s/ PAUL R. MAZZONI, ESQUIRE /s/ SAL COGNETTI, ESQUIRE ATTORNEYS FOR DEFENDANT, JACK HALPERIN.
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