FURTHER ORDER ON GOVERNMENT'S MOTION TO RECONSIDER

ROGER T. BENITEZ, District Judge.

Defendant moved to dismiss Counts 2 through 18 of the original indictment based upon the generally applicable five-year statute of limitations found in 18 U.S.C. § 3282. That motion was granted. On the eve of trial the Government moved to reconsider. That motion was granted and the original indictment was tried along with the new indictment. However, because Defendant had little time to oppose the Government's eve-of-trial motion, he was granted additional time post-trial to brief the issues. Now, Defendant moves for reconsideration of the ruling granting the Government's motion for reconsideration. The Court's ruling reinstating the original indictment Counts 2 through 18 stands.

In its most recent brief the Government notes that the statute of limitations for securities fraud offenses has been extended to six years. See 18 U.S.C. § 3301. The six-year limitations period became effective in July 2010.

In United States v. Gentile, Case No. 16cr155 (JLL), 2017 U.S. Lexis 12514 *6 (D. N.J. Jan. 30, 2017), a securities fraud pump-and-dump case, both parties had overlooked § 3301 and had mistakenly been proceeding under the assumption that the general five-year statute of limitations applied. "Both parties admittedly were operating under the assumption that the statute of limitations was five years. . . . Presently, the Government argues that notwithstanding the parties' assumption . . . the statute of limitations was actually six years, because the enactment of Dodd-Frank clearly extended the statute. . . ." Id. Likewise, in the present case the parties had been operating under the assumption that the five-year statute applied. However, the six-year statute of limitations was enacted while Defendant was still carrying out his scheme and applies here.

Therefore, for this and other reasons this Court's pre-trial ruling re-instating Counts 2 through 18 of the original indictment stands.