United States v. Powell

MEMORANDUM AND ORDER

JOHN J. McCONNELL, JR., District Judge.

This matter is before the Court on Christine Powell’s Motion to Dismiss the Indictment (ECF No. 19), contending that it runs afoul of the statute of limitations and that it is duplicitous. In brief, the Court Concludes that 18 U.S.C. § 641 is not a continuing offense, and thus the acts of embezzlement charged to have occurred more than five (5) years before the filing of the Indictment are barred by the applicable statute of limitations. The Court does not agree, however, that the remedy is dismissal of the Indictment. Nor does the…