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United States v. Mahaffy

United States District Court for the Eastern District of New York

446 F. Supp.2d 115 (2006)

Facts

Michael Picone, among others including Kenneth Mahaffy, (defendants) was indicted for conspiracy to commit securities fraud by the United States Attorney’s Office (USAO) (plaintiff). Prior to the indictment, Picone had provided testimony to the Securities and Exchange Commission (SEC) pursuant to a subpoena in a civil investigation. The SEC sought Picone’s testimony without any suggestion from the USAO that the SEC should investigate Picone. The USAO did not influence any of the SEC’s questioning of Picone. The USAO did not even inform the SEC that it might bring criminal charges against Picone until months after Picone provided his testimony to the SEC. In addition, Picone and his attorney were aware that the SEC and USAO were conducting parallel investigations into Picone’s company at the time Picone provided his testimony to the SEC. There is no indication that the USAO hid behind the SEC or manipulated the SEC into misrepresenting its intentions to Picone. Picone filed a motion to suppress statements he made to the SEC and to dismiss one count of making false statements in a government investigation in the United States District Court for the Eastern District of New York.

Rule of Law

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Issue

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Holding and Reasoning (Glasser, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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