United States v. Carbone

SWEENEY, District Judge.

This is an indictment for conspiracy to violate Section 1 of the so-called “Kickback” Act.1 48 Stat. 948, 40 U.S.C.A., § 276b. To this indictment the defendants have filed motions to dismiss on the ground that the indictment does not state an offense cognizable in law. Another indictment was returned against these defendants over a year ago, and demurrers and motions to quash were sustained and allowed. United States v. Carbone et al., D.C., 56 F.Supp. 343.

At the time the alleged conspiracy occurred three of the defendants were officers of Local 39 of the International…