United States v. Palmeri, Civ. A. No. 3185.
| Decision Date | 01 November 1943 |
| Docket Number | Civ. A. No. 3185. |
| Citation | 52 F. Supp. 226 |
| Parties | UNITED STATES v. PALMERI. |
| Court | U.S. District Court — Eastern District of New York |
Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y. (Morris K. Siegel, of Brooklyn, N. Y., of counsel), for plaintiff.
George J. Todaro, of New York City, for defendant (no appearance at trial).
In this proceeding, the government seeks the cancellation of Certificate of Naturalization No. 4967065, issued to the above-named defendant by the United States District Court for the Southern District of New York under date of June 16, 1941, because it is said to have been fraudulently and illegally procured, in that the defendant failed to disclose to that court that on May 28, 1941, he had been arrested, pursuant to a warrant, and held by a Commissioner for action of the Grand Jury, in this District.
The records of this court show that there was such an arrest, and that the defendant was advised that the cause of his arrest was his alleged implication in the operation of an unregistered still. He was admitted to bail by the Commissioner, and that was the status of affairs on June 16, 1941, when he appeared before the Southern District Court at a Naturalization Term pursuant to a notice to appear for final hearing upon his petition.
It is found that he did so appear, and failed to disclose to the court or to any clerk or examiner that he had been arrested and admitted to bail upon the charge in question. His petition, which had been filed on January 9, 1941, was granted, and said Certificate was issued to him.
The subsequent course of the criminal proceedings, according to the files of this court, was as follows:
By indictment filed March 24, 1942, he and another were charged with having in their possession and custody and control a 500-gallon still; and with making and fermenting mash, and with commencing and continuing the business of a distiller, without filing notice of intention; and with possession of distilled spirits in unstamped containers; and also with participating in a conspiracy beginning on or about the 30th of April, 1941, to violate certain provisions of the Internal Revenue Code, 26 U.S.C.A., namely, Sections 2803(a), 2814, 2833, 2831 and 2834, and 5 U.S.C.A. Sections 281 to 281e, inclusive, having to do with the substantive offenses as alleged.
The conspiracy of course envisaged the setting up of the unregistered still, the distillation of mash, and the possession of distilled spirits in unstamped containers.
On March 26, 1942, the defendant pleaded guilty to the conspiracy count, and was sentenced to serve a year and a...
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United States v. Osidach, Civ. A. No. 79-4212.
...962, 2 L.Ed.2d 1056 (1958) (no concealment or misrepresentation where the question asked was ambiguous). But see United States v. Palmeri, 52 F.Supp. 226, 227 (E.D.N.Y.1943). Furthermore, the legislative history of § 10 of the DPA indicates a concern only over the submission of fraudulent d......
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United States v. Galato
...rest our decision on the failure to reveal the arrest during the pendency of the naturalization proceedings. See United States v. Palmeri, D.C.E.D.N.Y.1943, 52 F. Supp. 226, 227; United States v. Accardo, D.C.D.N.J.1953, 113 F.Supp. 783, 785, affirmed 3 Cir., 1953, 208 F.2d 632, certiorari ......
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United States v. Accardo
...it. Had he disclosed it, unquestionably he would not have been naturalized at that time, for this reason alone. U. S. v. Palmeri, D.C.E.D. N.Y.1943, 52 F.Supp. 226. So the materiality of this wilful nondisclosure is Defendant claims his 1933 conviction is a nullity because of an unreported ......
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IN RE ORPHANIDIS'PETITION, Petition No. 3963.
...have been the basis of suits by the government for cancellation of previously issued certificates of citizenship. United States v. Palmeri, D.C. N.Y.1943, 52 F.Supp. 226. Friends and officials who know petitioner are of the opinion that he would make a good citizen, and ought to be admitted......