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United States v. Manlove

United States District Court, D. Montana

January 5, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
GEORGE LESLIE MANLOVE, Defendant.

          ORDER

          Dana L. Christensen, Chief Judge

         Before the Court are the following motions: (1) Defendant's First Motion to Strike: Paragraphs 25 and 26 or Dismiss Count 1 (Doc. 98); (2) Defendant's Second Motion to Strike: Money Laundering and Wire Fraud Objects or Dismiss Count 1 (Doc. 100); (3) Defendant's Third Motion to Strike: Surplus and Prejudicial Language from the Second Superseding Indictment (Doc. 108). For the reasons given below, the Court denies all of Defendant's motions to strike. Procedural and Factual Background Defendant George Leslie Manlove ("Manlove") is the former CEO of Vann's, Inc. ("Vann's"), a Montana corporation that owned and operated retail electronics and appliance stores throughout the state before declaring bankruptcy in 2012. The Government alleges that Manlove, along with CFO Paul Nisbet, conspired to defraud their former employer.

         Manlove was indicted on December 21, 2015 on 221 counts of conspiracy, bank fraud, wire fraud, money laundering, and bankruptcy fraud. He was arraigned on January 12, 2016. The Government submitted a Superseding Indictment on January 21, 2016 and a Second Superseding Indictment on March 18, 2016. At issue in Manlove's motions to strike is the Second Superseding Indictment (hereinafter "Indictment"), which includes the following counts:

• Count 1: Conspiracy in violation of 18 U.S.C. § 1343, 18 U.S.C. § 1344, 18 U.S.C. § 1014, 18 U.S.C. § 152, 18 U.S.C. § 1956, 18 U.S.C. §1957 and 18 U.S.C. § 2;
• Counts 2-121: Wire Fraud in violation of 18 U.S.C. § 1343 and 18 U.S.C. §2;
• Counts 122 and 123: Bank Fraud in violation of 18 U.S.C. § 1344; and 18 U.S.C. §2;
• Counts 124-127: False Statements in violation of 18 U.S.C. § 1014 and 18 U.S.C. §2;
• Counts 128-131: Bankruptcy Fraud in violation of 18 U.S.C. § 152(4);
• Counts 132-218: Money Laundering in violation of 18 U.S.C. § 1957 and 18 U.S.C. §2;
• Counts 219-221: Tax Fraud in violation of 26 U.S.C. § 7206(1);
• First Forfeiture Allegation: the property and proceeds of the alleged wire fraud scheme;
• Second Forfeiture Allegation: the property involved in the money laundering offenses;
• Third Forfeiture Allegation: the property and proceeds involved in the bank fraud offenses.

         Through three separate motions, Manlove now moves the Court to strike select paragraphs and language within the Indictment. The Government opposes all three ...


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