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United States v. Piccoli

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK


September 1, 2009

UNITED STATES OF AMERICA, PLAINTIFF
v.
RICHARD S. PICCOLI, AND GEN-SEE CAPITAL CORPORATION ALSO KNOWN AS GEN UNLIMITED, DEFENDANTS.

The opinion of the court was delivered by: William M. Skretny United States District Judge

ORDER AUTHORIZING DISCOVERY

The Government has moved under Fed. R. Crim. P. 32.2(c)(1)(B) for an Order authorizing discovery to resolve factual issues regarding third party claims of ownership or interest in properties subject to forfeiture in the action United States V. Richard S. Piccoli and Gen-see Capital Corporation, a/k/a Gen Unlimited; 09-CR-198-S.

The Court finds, based on the Government's submission, and after consideration of the opposition filed by Claimant Richard J. Piccoli, that such discovery is necessary or desirable under Crim. R. 32.2(c)(1)(B) to resolve factual issues concerning any third party claims of ownership or interest in properties subject to forfeiture.

IT IS HEREBY ORDERED THAT the government's Motion for Discovery (Docket No. 28) is GRANTED.

FURTHER, that pursuant to Fed. R. Crim. P. 32.2, the United States may conduct discovery with any third party petitioners in accordance with the Federal Rules of Civil Procedure, for the purpose set forth above.

SO ORDERED.

20090901

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