U.S. v. Priola

Full title: United States v. Priola

Court: United States District Court, N.D. Illinois

Date published: Aug 2, 2004

03 CR 50039-2 (N.D. Ill. Aug. 2, 2004)

Opinion

03 CR 50039-2.

August 2, 2004

MEMORANDUM OPINION AND ORDER

PHILIP REINHARD, District Judge

Defendant, Thomas Priola, filed a motion to dismiss based on his asserted withdrawal from the charged conspiracy more than six years before he was charged. In support of the motion, he provides affidavits and other evidence which he contends show that he withdrew from the conspiracy no later than November 28, 1996. Thus, he contends he was charged in violation of the six year statute of limitations.

A defendant's membership in a conspiracy is presumed to continue unless he withdraws from the conspiracy by the affirmative act of confessing to the police or by clear communication to his fellow conspirators that he is withdrawing.United States v. Wren, 363 F.3d 654, 663 (7th Cir. 2004).

The evidence offered by defendant here does not show a confession to the police or a clear communication of withdrawal to coconspirators, Philip Priola and Lynnann Gage. A withdrawal from involvement with the business does not alone equate with a withdrawal from the conspiracy. The discontinuation of business operations is not necessarily co-extensive with termination of the conspiracy or with defendant's withdrawal therefrom.

For the foregoing reasons, defendant, Thomas Priola's, motion to dismiss based on the statute of limitations is denied.