IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 11, 2011
UNITED STATES OF AMERICA,
FRANK J. SINGER, JR.,
GOVERNMENT'S MOTION TO DISMISS INDICTMENT; [PROPOSED] ORDER THEREON
Pursuant to Rule 48 of the Federal Rules of Criminal Procedure, the United States hereby moves the Court, in the interest of justice, for an order dismissing the Indictment in this case against Frank J. Singer, Jr.. The defendant apparently fled the jurisdiction in June 1997 after subpoenas were served at his place of business. An Indictment was handed down in March 1999 charging him in four counts with subscribing to false personal and corporate tax returns covering tax years 1992-1994. He has never been apprehended.
February 10, 2011
BENJAMIN B. WAGNER United States Attorney By, /s/ John K. Vincent JOHN K. VINCENT Assistant U.S. Attorney
ORDER The request for dismissal is DENIED, without prejudice to its being renewed upon a showing that (1) there is no possibility that defendant will be apprehended in the future; or (2) the government lacks sufficient evidence to obtain a conviction in the event that defendant is apprehended.
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