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United States v. Piervinanzi
United States Court of Appeals for the Second Circuit
23 F.3d 670 (2d Cir. 1994)
Facts
Michael Piervinanzi and Daniel Tichio (defendants) participated in a scheme to cause an unauthorized wire transfer of money from an Irving Trust bank account into an overseas account. An acquaintance of the two men, Lorenzo DelGiudice, worked for Irving Trust. DelGiudice supplied the account information necessary to effect a fraudulent wire transfer. Tichio provided a foreign account to receive funds. Piervinanzi was to provide security for the operation to prevent treachery on the part of Tichio, who would be disbursing the stolen funds. Piervinanzi also recruited his brother to place the phone call initiating the transfer. The scheme ultimately failed when DelGiudice decided to sabotage the transfer because of personal safety concerns. Piervinanzi and Tichio were indicted and charged with conspiracy to commit wire fraud, bank fraud, and money laundering under 18 U.S.C. § 371; attempted bank fraud under 18 U.S.C. §§ 1344, 2; and attempted money laundering under 18 U.S.C. §§ 1956(a)(2), 2. A jury convicted Piervinanzi and Tichio on all counts.
Rule of Law
Issue
Holding and Reasoning (Mahoney, J.)
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