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Valley of Lakes RICO Class Action against PNCBANK, et al.
ripped edge: Criminal Doc's


		UNITED STATES DISTRICT COURT	

	  FOR THE MIDDLE DISTRICT OF PENNSYLVANIA	



UNITED STATES OF AMERICA	:	
			
	V.			:	NO. 80-00080-1 CRIMINAL

JACK HALPERIN			:


		MEMORANDUM AND ORDER

	Oral argument on defendant's numerous pretrial 

motions was scheduled for August 28, 1980, at 10:00 A.M. 

Because of the voluminous nature of the motions, at the 

appointed hour counsel were directed to confer in an effort 

to obtain amicable compliance with some of the requests and 

to reduce the issues that would have to be considered by the 

court.  Counsel met until 1:00 P.M. and reported significant 

accomplishment as a result of the conference.  The parties 

informed the court that (a) defendant's motion for a severance 

was now moot because the codefendant, Philip Cohen, is a 

fugitive and will not be tried on September 15, 1980; (b) de-

fendant's motion to suppress Bank Records had been satisfied 

by Government counsel's representation that Title 12 U.S.C. 

 3420 had been complied with; and (c) the motion for return 

of the records of High Vista, Inc., in the possession of the 

Grand Jury has been satisfied by the Government making avail-

able the original records to defense counsel for inspection 

and copying.

	The unresolved disputes were then presented to the 

court and argument was heard.  The remaining unfulfilled 

requests in defendant's two motions for Bill of Particulars


			____________1



are denied except that the Government will be ordered to 

supply particulars as to Numbers 17 B, 18 A, 21 B, and 23 A.

	The remaining challenged request in defendant's 

motiqns for Discovery and Inspection of Physical Evidence is 

the request for a copy of all Grand Jury testimony of all 

persons who appeared before the Grand Jury.  Defendant has 

failed to advance a sufficient particularized need for such 

broad discovery, Dennis v. United States, 384 U.S. 855 (1966), 

and the request will be denied.

	After consideration of defendant's Motions to Dismiss 

and To Strike Certain Paragraphs of the Indictment, the briefs 

filed in support of, and in opposition to, said motions, and 

oral presentations of counsel, it will be ordered that de-

fendant's motions be denied.



				/s/
				Chief-Judge, Middle District
				    of Pennsylvania



Dated: September 25, 1980





			- 2 -



			ORDER

	Now, this 25th day of September 1980, in accordance 

with the memorandum this day filed, it is ordered that 

	(a) Defendant's motions for a Severance, to 

   suppress Bank Records, and for return of certain 

   records of High Vista, Inc., are moot and are 

   dismissed;

	(b) Defendant's motions for Bill of Particulars 

   are denied except that the Government is directed to 

   supply particulars to defendant as requested in 

   Numbers 17 B, 18 A, 21 B, and 23 A;

	(c) Defendant's motions for Discovery and Inspec-

   tion of Physical Evidence, to Strike Certain Paragraphs 

   of the Indictment, and to Dismiss, are denied.



				/S/
				Chief Judge,,Middle District
				   of Pennsylvania



Dated:	September 25, 1980

Valley of Lakes RICO Class Action against PNCBANK, et al.

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