United States v. Levy

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice

New York Law Journal

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Judge Paul Crotty

Defendants were indicted on conspiracy and substantive counts of securities and wire fraud, as well as money laundering, in connection with a "pump and dump" scheme to artificially inflate company share prices. Federal judges in New Jersey authorized wiretaps under Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 USC §§2510-2522 (Title III). Pursuant to 18 USC §2518(1), defendants sought suppression of communications and other evidence derived from the wiretaps. They also sought a hearing pursuant to Franks v. Delaware. The court denied defendants' motion for suppression and a Franks hearing. In concluding that a Franks hearing was not warranted, the court determined that the affirmations underlying the wiretap applications did not include false or misleading statements or omissions. In finding that the wiretaps satisfied Title III, the court determined that defendants failed to override the deference that must be shown the issuing judges' findings of necessity. The court determined that the government provided sufficient reasons for not pursuing other investigative avenues, and observed that the government need not exhaust other investigative procedures before a wiretap is authorized.

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