United States v. Frank Costello

CLARK, Chief Judge.

The United States of America appeals from a decision, D.C.S.D.N.Y., 145 F. Supp. 892, dismissing without prejudice its action for the denaturalization of defendant, Frank Costello, alleging fraud and illegality in its procurement in 1925. In taking this action during the course of the trial, Judge Palmieri found the government’s case permeated with the fruit of illegal wire taps and held that it would not be feasible to attempt to separate the legal and illegal evidence so as possibly to save the case. Accordingly in the exercise of discretion and over plaintiff’s…