Document Type

Article

Publication Date

4-17-1992

Abstract

Defendant-appellant Anthony Guariglia appeals from a judgment of conviction entered on June 3, 1991 in the United States District Court for the Southern District of New York (Mukasey, J.) after a jury found him guilty of criminal contempt, under 18 U.S.C. § 401(3), for violating a bankruptcy court order, and of perjury, under 18 U.S.C. § 1623. The charges against defendant stem from his participation in a bribery and fraud conspiracy involving the officers and directors of the Wedtech Corporation ("Wedtech"), and his subsequent cooperation with the government in the prosecution of other participants in the scheme. United States v. Wallach, 935 F.2d 445 (2d Cir.1991).

The indictment alleged that (i) defendant by his gambling activities violated a bankruptcy court order restraining defendant and other Wedtech defendants from, among other things, "gambling with any property or monies owned, controlled, or possessed by any of [them];" and (ii) defendant made perjurious statements at the trial of other Wedtech defendants by testifying that he had not gambled after the summer of 1988, when he in fact gambled in the fall of that same year. Defendant appeals his conviction, arguing, inter alia, that the district court did not have authority, under section 401, to sanction defendant for violation of the bankruptcy court order, and that the district court committed reversible error by applying the wrong legal standard for the "materiality" element of perjury. For the reasons stated below, we affirm the judgment of the district court.

Comments

962 F.2d 160 (1992)

UNITED STATES of America, Appellee,

v.

Anthony GUARIGLIA, Defendant-Appellant.

No. 409, Docket 91-1372.

United States Court of Appeals, Second Circuit.

Argued January 7, 1992.

Decided April 17, 1992.

New York Law School location: File #1394, Box #129

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