District Court, S.D. New York December 10, 2012, No. 12 Cr 152(CM) (United States v. Binday)

DECISION AND ORDER ON DEFENDANTS’ PRETRIAL MOTIONS

McMAHON, District Judge.

Defendants Michael Binday, James Kergil and Mark Resnick are each charged in the instant indictment with conspiracy to commit mail and wire fraud, in violation of Title 18, United States Code, Section 1349 (Count One), mail fraud in violation of Title 18, United States Code, Section 1341 (Count Two), and wire fraud in