June 22, 2006
Sealing Indictment Does Not Toll Statute
Putting an indictment under seal will not be the answer for the government when they have an approaching statute of limitations.
Indicted one day before the running of the statute of limitations, the government decided to seal the indictment. They had superseding indictments over the next 21 months. The government argued in the Southern District of New York that the statute of limitations was tolled during the sealing of the indictment. A district court in the Southern District of New York, however, found that when the government could not show a legitimate reason for sealing the indictment, the case would be dismissed. United States v. Gigante, June 15, 2006. (2006 WL 1643111). See also Liberal Sealing Brings Dismissal, N.Y.L.J. (6-20-06).
(esp) (w/ a hat tip to Jack King).
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