Opinion
CRIMINAL ACTION No. 09-88.
December 16, 2009
ORDER
AND NOW, this 7th day of December, 2009, upon consideration of Defendant George Georgiou's: (1) Motion to Dismiss Count One of the Indictment for Failure to Charge an Offense and as Impermissibly Duplicitous (Doc. No. 69); (2) Motion to Suppress Evidence (Doc. No. 74); (3) Motion to Dismiss the Indictment for Outrageous Government Conduct in Violation of the Due Process Clause (Doc. No. 75); and (4) Motion to Dismiss Wire Fraud Counts and Strike Surplusage from the Indictment (Doc. No. 76), and the Response, Reply and Supplemental Briefs thereto, it is hereby ORDERED as follows:
(1) the Motion to Dismiss Wire Fraud Counts and Strike Surplusage from the Indictment is GRANTED IN PART and DENIED IN PART;
(2) the language reading "[b]ecause Caledonia was unable to cover those massive losses, the firm could no longer operate and was liquidated" at page 41 of the Indictment is hereby STRICKEN; and
(3) the remaining Motions are DENIED.