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U.S. v. Scali

'Younger' Abstention Inapplicable, Properly Joined Indictment Counts Denied Severance

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ORDER AND OPINION

*1  Defendant Joseph Scali (“Defendant”) is charged in a ten-count indictment with (1) mail fraud in violation of 18 U.S.C. §1341; (2) structuring to evade currency transaction reports in violation of 31 U.S.C. §5342(a)(3); (3)-(4) false statements in violation of 18 U.S.C. §1001; (5) corruptly endeavoring to obstruct and impede the due administration of the Internal Revenue Laws in violation of 26 U.S.C. §7212(a); (6) tax evasion for the year 2011 in violation of 26 U.S.C. §7201; (7) tax evasion for the year 2012 in violation of 26 U.S.C. §7201; (8) obstruction of justice in violation of 18 U.S.C. §1503; (9) perjury in violation of 18 U.S.C. §1623; and (10) mail fraud in violation of 18 U.S.C. §1341. (Second Superseding Indictment (“S2″) 2, ECF No. 80.) Before the Court is Defendant’s Motion to Dismiss the Indictment. (Decl. of Michael H. Sussman, Esq., Exh. 1 (Mem. of Law in Supp. of Def. Omnibus Mot. (“Def. Mot.”)), ECF No. 100.) For the following reasons, Defendant’s Motion is DENIED. BACKGROUNDOn August 30, 2017, Defendant Scali was charged in a ten-count Second Superseding Indictment. The Indictment stems from three sets of actions concerning Defendant’s law practice. First, beginning in 2011, Defendant represented a prospective seller of real estate, Harry Freed, doing business as Opal Industries, Inc. (“Opal”), who entered into a contract to sell two tracts of land in Pennsylvania to a Prospective Buyer, Channel A Co. (“Channel A”). (S25;

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