Legal Opinion

United States v. Gross

District Court, E.D. New York

Decided October 2, 2001No. 98 CR 159(SJ)PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

JOHNSON, District Judge.

On February 12, 1998, Defendants Allen Gross (“Gross”), Peter Rebenwurzel (“Re-benwurzel”), and David Malek (“Malek”), (collectively “Defendants”), were indicted by a grand jury on charges of bank fraud and making false statements in connection with mortgage applications, in violation of 18 U.S.C. §§ 1344 and 1014. Defendants now move to dismiss the twenty-one count indictment in the above-captioned case, claiming, in part, that prejudicial pre-in-dictment delay has violated their due process rights under the Fifth Amendment. 1 For the reasons that…

2Cases cited29 opinions

  1. United States v. MarionSupreme Court of the United States · 1971
  2. United States v. LovascoSupreme Court of the United States · 1977
  3. United States v. EwellSupreme Court of the United States · 1966
  4. First Nationwide Bank v. Gelt Funding Corp.Court of Appeals for the First Circuit · 1994
  5. United States v. William RubinCourt of Appeals for the Second Circuit · 1979

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3Cited by6 opinions

  1. People v. BoysenCalifornia Court of Appeal · 2007
  2. Rivera v. PeopleSupreme Court of The Virgin Islands · 2016
  3. Aurecchione v. FalcoDistrict Court, S.D. New York · 2025
  4. Aurecchione v. FalcoDistrict Court, S.D. New York · 2025
  5. Green v. FischerDistrict Court, W.D. New York · 2019

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