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United States v. Guirguis

United States District Court, D. Hawaii

October 23, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
WAGDY A. GUIRGUIS (01), MICHAEL H. HIGA (02), Defendants.

          ORDER DENYING DEFENDANT WAGDY A. GUIRGUIS' MOTION TO DISMISS COUNT 14 (ECF NO. 51)

          Helen Gillmor District Judge.

         Defendant Wagdy A. Guirguis moves to dismiss Count 14 of the Indictment.

         Defendant Guirguis argues that Count 14 of the Indictment fails to state an essential element of the offense of corrupt endeavor to obstruct and impede the due administration of the Internal Revenue Laws.

         The Government opposes the Defendant's Motion.

         Defendant Wagdy A. Guirguis' Motion to Dismiss Count 14 (ECF No. 51) is DENIED.

         PROCEDURAL HISTORY

         Defendant Wagdy A. Guirguis is charged in the Indictment filed on August 31, 2017 (ECF No. 1) as follows:

         Count 14 for corrupt endeavor to obstruct and impede the due administration of the Internal Revenue Laws:

Beginning on or about September 30, 2011, and continuing to a date unknown, but up to at least in or about December 2016, in the District of Hawaii, and elsewhere, Defendant WAGDY GUIRGUIS did corruptly endeavor to obstruct and impede the due administration of the internal revenue laws by, among other things, doing the following:
(1) opening new bank accounts in the names of GMP International, LLC, GMP Guam, Inc., and Guam Power, Inc., for the purpose of placing assets beyond the reach of the IRS;
(2) transferring, and causing to be transferred, and depositing, and causing to be deposited, funds from the GMP entities to the bank accounts of Guam Power, Inc., Hawaii Pacific Finance, and GMP International, LLC, for the purpose of placing assets beyond the reach of the IRS;
(3) arranging for his wife to have signature authority on bank accounts used by his nominee entity, Hawaii Pacific Finance;
(4) directing that funds owed by GMP Guam, Inc., be paid to GMP International, LLC, for the purpose of placing assets beyond the reach of the IRS;
(5) causing the GMP entities to grant security interests in their accounts receivables to Hawaii Pacific Finance for the purpose of placing ...

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