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UNITED STATES v. WERBER

February 24, 1992

UNITED STATES OF AMERICA,
v.
GREGORY DAVID WERBER and JOHN PETER SCHMIDT, Defendants.


McKenna


The opinion of the court was delivered by: LAWRENCE M. MCKENNA

McKENNA, D.J.

 I.

 The superseding indictment (the "indictment") charges defendants with:

 Count One: a conspiracy, the objects of which were (i) use of unauthorized access devices in violation of 18 U.S.C. § 1029 (a)(2), (ii) the violation of 18 U.S.C. 1956, (iii) the transportation in interstate commerce of a stolen Ferrari automobile in violation of 18 U.S.C. § 2314, and (iv) the sale of a stolen Ferrari automobile which had crossed a state boundary in violation of 18 U.S.C. § 2315.

 Count Two: use of unauthorized access devices in violation of 18 U.S.C. § 1029(a)(2).

 Count Three: violation of 18 U.S.C. § 1956 (a)(1)(A)(i), (B)(i).

 Count Four: the transportation in interstate commerce of the stolen Ferrari automobile in violation of 18 U.S.C. § 2314.

 Count Five: the sale of the stolen Ferrari automobile which had crossed a state boundary in violation of 18 U.S.C. § 2315.

 Defendants move, inter alia, to dismiss those portions of the indictment which allege violations of 18 U.S.C. § 1956, to wit, the second alleged object of the conspiracy, and Count Three. In Paragraph 3 of Count One, the indictment alleges that it was an object of the conspiracy that:

 
the defendants, and others known and unknown, knowing that the property involved in financial transactions, to wit, late model luxury automobiles purchased with counterfeit checks of organizations, represented the proceeds of some form of unlawful activity, unlawfully, wilfully and knowingly would and did conduct and attempt to conduct such financial transactions with property which was in fact the proceeds of specified unlawful activity, to wit, uttering and passing counterfeit securities of organizations in violation of Title 18, United States Code, Section 513. By these financial transactions the defendants and their co-conspirators intended to promote the carrying on of specified unlawful activity, to wit, violations of Title 18, United States Code, Section 513, and knew that the transactions were designed in whole and in part to conceal and disguise the nature, location, source, ownership and control of the proceeds of such specified unlawful activity, in violation of Title 18, United States Code, Section 1956.
 
Count Three of the indictment alleges that:
 
the defendants, knowing that the property involved in a financial transaction represented the proceeds of some form of unlawful activity, unlawfully, wilfully, and knowingly, did attempt to conduct and to cause to be conducted, such financial transaction, to wit, the sale of a late-model Ferrari Testarossa, with property which was in fact the proceeds of specified unlawful activity, to wit, uttering and passing counterfeit securities of organizations. By these financial transactions the defendants and their co-conspirators intended to promote the carrying on of specified unlawful activity, to wit, uttering and passing counterfeit securities of organizations in violation of Title 18, United States Code, Section 513, and knew that the transactions were designed in whole and in part to conceal and disguise the nature, location, source, ownership and control of the proceeds of such specified unlawful activity.

 Defendant Werber (pro se) moves, as well, for an order compelling the government to charge multiple conspiracies, instead of the single conspiracy alleged in the indictment.

 For the reasons set forth below, the motions referred to are denied. *fn1"

 II.

 The grounds asserted by defendants in support of the motion to dismiss the 18 U.S.C. § 1956 allegations of the indictment are, as stated on behalf of defendant Schmidt: "(1) for failure to adequately charge the offense of money laundering under 18 U.S.C. § 1956 (2) because 18 U.S.C. § 1956 as applied in this case is void for vagueness and (3) because of prosecutorial vindictiveness. . . ." The Court understands defendant Werber to assert all of these grounds as well.

 As relevant to the indictment, 18 U.S.C. § 1956 provides:

 
(a)(i) Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact ...

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