United States Second Circuit

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US v. Moskowitz, 12-2423

In a prosecution of a defendant for his involvement in a fraudulent scheme related to transactions in the common stock of a corporation of which he was a president and CEO, defendant's motion to dismiss the government's appeal from an order suppressing evidence for lack of jurisdiction is denied where the U.S. Attorney's certification conclusively establishes that the evidence is a substantial proof of a material fact in satisfaction of section 3731.

Appellate Information

  • Decided 12/27/2012
  • Published 12/27/2012



  • United States Second Circuit