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Jannuzzo v. State

The State failed to carry its burden of proving that it brought charges of felony theft by conversion in violation of O.C.G.A. § 16-8-4 and one count of violation of the Georgia RICO Act within the applicable statutes of limitation.

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Paul Jannuzzo was found guilty by a jury of one count of theft by conversion in violation of OCGA § 16-8-4, and one count of violation of the Georgia Racketeer Influenced and Corrupt Organizations RICO Act in violation of OCGA § 16-14-1 et seq. Among other claims, Jannuzzo asserts that the State failed to carry its burden to prove that the charges were brought within the applicable statutes of limitation. Because we find that the State failed to carry this burden on either count of the indictment, we reverse both convictions.

The indictment was filed on June 12, 2009, and alleged in the RICO count that, while Jannuzzo was general counsel for Glock, Inc., he acted in violation of OCGA § 16-14-4 a and c by unlawfully conspiring with another Glock employee, Peter Manown, to engage in a pattern of racketeering activity by which they unlawfully acquired and maintained, directly and indirectly, interest in and control of personal property, including money, belonging to Glock, Inc., its founder, Gaston Glock, and companies associated with Glock, Inc. The indictment alleged that there was a pattern of racketeering activity by theft and conversion of property, including money, by use of clone bank accounts and forged documents; that this activity occurred between August 28, 1991 and August 26, 2007; and that it consisted of various predicate offenses under OCGA § 16-14-3 9 A as follows:

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