642 F.2d 699 (2nd Cir. 1980), 1577, United States v. Murphy

Docket Nº:1577, 1587, Dockets 80-1299, 80-1307.
Citation:642 F.2d 699
Party Name:UNITED STATES of America, Appellee, v. John M. MURPHY, Frank Thompson, Jr., Appellants.
Case Date:August 26, 1980
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 699

642 F.2d 699 (2nd Cir. 1980)

UNITED STATES of America, Appellee,

v.

John M. MURPHY, Frank Thompson, Jr., Appellants.

Nos. 1577, 1587, Dockets 80-1299, 80-1307.

United States Court of Appeals, Second Circuit

August 26, 1980

Argued Aug. 22, 1980.

Michael E. Tigar, Washington, D. C. (Samuel J. Buffone, John J. Privitera, Washington, D. C., on the brief), for appellant Murphy.

Daniel A. Rezneck, Washington, D. C. (Clifford D. Stromberg, Robert N. Weiner, Arnold & Porter, Washington, D. C., Stephen E. Kaufman, New York City, on the brief), for appellant Thompson.

Edward R. Korman, U. S. Atty., Brooklyn, N. Y., for appellee.

Before NEWMAN and KEARSE, Circuit Judges, and DUMBAULD, [*] District Judge.

PER CURIAM:

Congressmen John M. Murphy and Frank Thompson, Jr. appeal, prior to trial, from a ruling of the District Court for the Eastern District of New York (Jacob Mishler, Judge) denying their motion to dismiss an indictment charging various offenses related to solicitation and acceptance of bribes. This is another of the so-called Abscam indictments, only recently considered by this Court in United States v. Myers, 635 F.2d 932 (2d Cir. 1980).

The five-count indictment names as defendants the two appellants, Howard Criden, a Philadelphia attorney, and Joseph Silvestri, who is not otherwise identified in the indictment. Count One charges all four defendants with violation of 18 U.S.C. § 371 (1976) by conspiring to defraud the United States and to violate 18 U.S.C. §§ 201 and 203 concerning bribery of public officials.

Page 700

Count Two charges Murphy and Thompson, aided and abetted by Criden, with violation of 18 U.S.C. §§ 201(c) and 2 (aiding and abetting). Count Three charges Murphy and Thompson, aided and abetted by Criden, with violation of 18 U.S.C. §§ 203(a) and 2. Count Four charges Criden, aided and abetted by Murphy and Thompson with violation of 18 U.S.C. §§ 1952 (interstate travel to carry out bribery) and 2. Count Five charges Murphy, aided and abetted by Thompson and Criden, with violation of §§ 201(g) and 2. As in Myers, the facts alleged in support of these charges arise out of an elaborate undercover "sting" operation, in which F.B.I. agents and a private citizen, posing as representatives of wealthy Middle Eastern businessmen, offered substantial sums of cash to each of the appellants, and the appellants accepted the cash in...

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