United States v. Kaye

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Alan Kaye (“Kaye”) is charged in a nine-count indictment with violating:

1. the Racketeering Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1962(c) (“Section 1962(c)”) (Count One);

2. the mail fraud statute, 18 U.S.C. § 1341 (“Section 1341”) (Count Two);

3. the Hobbs Act, 18 U.S.C. § 1951 (“Section 1951”) (Counts Three through Eight); and

1 4. the Crimes and Criminal Procedure Act of 1968, 18 U.S.C. § 894 (“Section 894”) (Count Nine).

Kaye now moves to dismiss all nine counts as legally insufficient. For the reasons stated in this…