United States v. Merkel

HERNANDEZ, District Judge:

Defendant Dennis Merkel is charged with two counts of Major Fraud Against the United States in violation of 18 U.S.C. § 1031. On December 14, 2018, I heard oral argument on three motions to dismiss and a motion to strike surplusage from the Indictment. I ruled from the bench on three of those four motions but took the motion to dismiss based on the statute of limitations and/or pre-indictment delay, under advisement. See Dec. 14, 2018 Min. Ord., ECF 52. This Opinion explains my reasoning for denying that motion.

Pursuant to Federal Rule of Criminal Procedure 12(b)(1),…