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United States v. U.S. Bancorp, 18 Cr. 150 (LAK). (2020)

Court: District Court, S.D. New York Number: infdco20200219792 Visitors: 10
Filed: Feb. 13, 2020
Latest Update: Feb. 13, 2020
Summary: NOLLE PROSEQUI LEWIS A. KAPLAN , District Judge . 1. The filing of this nolle prosequi will dispose of this case with respect to defendant U.S. BANCORP. 2. On February 22, 2018, Felony Information 18 Cr. 150 (LAK) (the "Information") was filed, charging defendant U.S. BANCORP in two counts: first, with willfully failing to maintain an adequate anti-money laundering program, in violation of Title 31, United States Code, Sections 5318(h) and 5322(a) and (c), and Title 31, Code of Federal R
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NOLLE PROSEQUI

1. The filing of this nolle prosequi will dispose of this case with respect to defendant U.S. BANCORP.

2. On February 22, 2018, Felony Information 18 Cr. 150 (LAK) (the "Information") was filed, charging defendant U.S. BANCORP in two counts: first, with willfully failing to maintain an adequate anti-money laundering program, in violation of Title 31, United States Code, Sections 5318(h) and 5322(a) and (c), and Title 31, Code of Federal Regulations, Section 1020.210; and with willfully failing to file a Suspicious Activity Report, in violation of Title 31, United States Code, Sections 5318(g) and 5322(a) and (c) and Title 31, Code of Federal Regulations, Section 1020.320.

3. In connection with the filing of the Information, the defendant and the Government present to the Court a Deferred Prosecution Agreement executed by both parties on February 12, 2018 (the "Agreement"). Pursuant to the Agreement, prosecution on the Information was to be deferred for a period of two years, and the Government would move to dismiss the Information within 30 days of the completion of the deferred prosecution period, as long as defendant U.S. BANCORP complied with its obligations under the Agreement. On February 22, 2018, the Court excluded time under the Speedy Trial Act until February 12, 2020.

4. The Government has determined that defendant U.S. BANCORP has complied with its obligations under the Agreement during the deferred prosecution period, and, therefore, will not now proceed with the prosecution of U.S. BANCORP.

5. In light of the foregoing, I recommend that an order of nolle prosequi be filed as to defendant U.S. BANCORP with respect to Indictment 18 Cr. 150 (LAK).

________ Alexander J. Wilson Assistant United States Attorney Dated: New York, New York February 12, 2020

Upon the foregoing recommendation, I hereby direct, with leave of the Court, that an order of nolle prosequi be filed as to defendant U.S. BANCORP with respect to Information 18 Cr. 150 (LAK).

________ GEOFFREY S. BERMAN United States Attorney Southern District of New York Dated: New York, New York February 12, 2020

SO ORDERED.

Source:  Leagle

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