Legal Opinion

United States v. Fisher

District Court, W.D. New York

Decided December 5, 2017No. 15–CR–19–APublished

1Opinion of the Court

HONORABLE RICHARD J. ARCARA, UNITED STATES DISTRICT JUDGE

The Defendant, Georgina Fisher, is charged with eight counts of causing, or attempting to cause, a financial institution to fail to file a report required by 31 U.S.C. § 5325(a)(2), and the regulations thereunder, in violation of 31 U.S.C. § 5324(a)(1).1 Fisher has filed a motion to dismiss the superseding indictment for failure to state an offense. For the reasons stated below, the motion is denied.

DISCUSSION

A. The timeliness of Fisher's motion

The Government first argues that Fisher's motion, which she filed on October 25, 2017-over…

2Cases cited10 opinions

  1. Hamling v. United StatesSupreme Court of the United States · 1974
  2. United States v. Nick StavroulakisCourt of Appeals for the Second Circuit · 1992
  3. United States v. Ruben Alfonso and Feli GomezCourt of Appeals for the Second Circuit · 1998
  4. United States v. Lawrence Laspina, Robert St. GermainCourt of Appeals for the Second Circuit · 2002
  5. United States v. Miguel Torres, Jose De La Paz Sanchez, Salome Varela and Jesus RuizCourt of Appeals for the Seventh Circuit · 1999

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