Motion for Judgment of Acquittal (RICO)United States v. Schleicher , M.D. Mo., No. 00-00071-01/03-CCR-W-312-30-2002James R. Wyrsch, Keith E. Drill, J. Justin Johnston, Hobbs & Mirakin PC and Charles E. Patterson, Morrison & Foerster LLP, Los AngelesSuccessful motion for judgment of acquittal (Fed.R.Crim.P. 29) at close of government's case-in-chief in high-profile federal RICO prosecution. The defendant was charged in 7 counts of a 12-count conspiracy, and while heavily fact-based, the brief contains a wealth of caselaw on white collar crime. After due consideration, U.S. District Judge Ortrie D. Smith found the government's evidence insufficient to permit a jury to convict on any of the counts. (The final nail in the coffin sealing the government's case was the government's failure to prove that even if the defendant had committed any of the predicate crimes within the five years preceding the indictment thus barring prosecution under the statute of limitations. Also included is Judge Smith's unpublished decision.
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