United States v. Russo

MEMORANDUM AND ORDER

MORAN, District Judge.

Defendant was convicted at a bench trial in this court on charges of mail fraud and conspiring to defraud an automobile insurance company, in violation of 18 U.S.C. §§ 371, 1341. He has now moved to arrest judgment on count VI of the indictment, which charges defendant with violating 18 U.S.C. § 1001 by knowingly and willfully making false statements to an agent of the Federal Bureau of Investigation. Since we believe Congress did not intend to criminalize defendant’s statements, we grant his motion.

At trial, the government alleged and proved the…