United States v. Barbara Nolan and Nhg Pension Associates, Inc., August Mezzetta Gb Resources, Inc. And Gotham Associates, Ltd. Partnership
Court of Appeals for the Second Circuit
1Opinion of the Court
VAN GRAAFEILAND, Circuit Judge:
August Mezzetta, GB Resources, Inc., and Gotham Associates, Ltd. Partnership, were convicted after a jury trial of conspiring to embezzle the assets of a pension plan covered by the Employee Retirement Income Security Act of 1974 (ERISA), in violation of 18 U.S.C. § 371, and of embezzling such assets, in violation of 18 U.S.C. § 664. Mezzetta also was convicted of making false statements in documents which ERISA requires pension plans to keep as part of their records and of causing false statements to be made in an Internal Revenue Service Form 5500, both in…
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