United States v. Marcy

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Defendants Pasquale Marcy and Fred Roti have filed several motions to dismiss, which we address in the following order: (1) the motion to dismiss Counts I and II; (2) the motion to dismiss racketeering acts 2(EHH) and 3, and Counts VIII, IX, X, XI, and XIII; and (3) the motion to dismiss Count III. For the reasons set forth below, all three motions are denied.

I. Motion to Dismiss Counts I and II

Marcy and Roti offer three main arguments in support of their motion to dismiss Counts I and II. They claim that the government’s indictment fails to…