United States Third Circuit

In a case involving the founder of Adelphia and his son, denial of defendants' motion to dismiss conspiracy charges in a Pennsylvania indictment, claiming that their conviction for conspiracy and substantive fraud counts in the Southern District of New York violated their right to be free from double jeopardy, is remanded as 18 U.S.C section 371 creates a single statutory offense and defendants established a prima facie case that there was only one conspiratorial agreement. However, denial of defendants' motion to dismiss tax evasion charges in the Pennsylvania Indictment is affirmed.

Appellate Information

• Argued 07/14/2009
• Decided 10/21/2009
• Published 10/21/2009

Judges

• Before:  RENDELL, FUENTES, and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Lawrence G. McMichael, Esq., (Argued), Matthew P. Faranda-Diedrich, Esq., Patrick M. Northen, Esq., Dilworth Paxson, Philadelphia, PA, Joseph U. Metz, Esq., Dilworth Paxson, Harrisburg, PA, for Appellants.


• For Appellees:
  
• George J. Rocktashel, Esq., (Argued), Martin C. Carlson, Esq., Office of United States Attorney, Williamsport, PA, Lorna N. Graham, Esq., Office of United States Attorney, Scranton, PA, for Appellee.