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UNITED STATES v. HOORNBEEK

May 13, 1954

UNITED STATES of America
v.
Jansen K. HOORNBEEK, Defendant



The opinion of the court was delivered by: SUGARMAN

The Government having indicated its intention of proving its case on the 'net worth-expenditure' theory, *fn1" it will supply particulars as follows:

1. The claimed net worth of the defendant and his wife as of January 1, 1947.

 2. The claimed net worth of the defendant and his wife as of December 31, 1947.

 3. The defendant's and his wife's expenditures for the calendar year 1947 setting forth (a) the date of each claimed expenditure; (b) the payee thereof; (c) the amount thereof.

 4. The deductions allowed in arriving at the claimed net income in count 1 of the indictment.

 5. The exemptions allowed in arriving at the claimed net income in count 1 of the indictment.

 6. The claimed net worth of the defendant and his wife as of January 1, 1948.

 7. The claimed net worth of the defendant and his wife as of December 31, 1948.

 8. The defendant's and his wife's expenditures for the calendar year 1948 setting forth (a) the date of each claimed expenditure; (b) the payee thereof; (c) the amount thereof.

 9. The deductions allowed in arriving at the claimed net income in count 2 of the indictment.

 10. The exemptions allowed in arriving at the claimed net income in count 2 of the indictment.

 It is so ordered.

 On Motion for Reargument

 While it is true that the court's memorandum decision of May 13, 1954, deciding defendant's original motion for a bill of particulars, ultimately assumed a form that neither party could reasonably be expected to have anticipated, thereby justifying the government's quest of reargument as to items 3 and 8 thereof, it now appears, after oral argument of the motion ...


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