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U.S. v. Lemay

Conspiracy Charge Denied Dismissal on Statute-of-Limitations Grounds; Severance Denied

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OPINION AND ORDER DENYING MOTION TO DISMISS AND MOTION TO SEVER Defendants Eugene Joseph Lemay and Joel Lingat are charged in a one-count Second Superseding Indictment [ECF No. 71] with engaging in a conspiracy to defraud the Internal Revenue Service (“IRS”) in violation of 18 U.S.C. §371. Lemay filed a motion to dismiss the conspiracy charge against him on statute-of-limitations grounds [ECF Nos. 67-68], and Lingat filed a motion for severance [ECF Nos. 69-70]. For the reasons stated herein, the Motions are denied. BACKGROUND1 Lingat and Lemay were both employed by a company, referred to as “Company-1,” which provides moving and storage services. SSI 2. Lemay served as the President and Chief Executive Officer from the 1980s until 2011, after which time he continued to supervise and play a role in the management of the company. Compl.

6(b), 6(f) n.1.2 Lingat served as the head bookkeeper since 2010. Compl. 6(f). From 2010 until the end of 2016, Lingat and Lemay allegedly conspired to defraud the IRS of federal income and payroll taxes that should have been paid by Company-1 and/or by affiliated companies. Compl.

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