JOSEPH M. BURTON (SB No. 142105)
STEPHEN H. SUTRO (SB No. 172168)
DUANE MORRIS LLP
100 Spear Street, Suite 1500
San Francisco, CA 94105
Telephone: (415) 371-2200
Facsimile: (415)371-2201
Attorneys for Defendant
ELCOMSOFT COMPANY, LTD.
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
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UNITED STATES OF AMERICA Plaintiff, v. ELCOM LTD., a/k/a ELCOMSOFT CO., LTD., Defendant. |
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Case No.: CR 01-20138 RMW NOTICE OF MOTION TO DISMISS INDICTMENT
FOR VIOLATION OF DUE PROCESS Date: April 1, 2002 Time: 9:00 a.m. Judge: The Honorable Ronald M. Whyte |
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NOTICE
TO
THE UNITED STATES ATTORNEY, PLEASE TAKE NOTICE that at 9:00 a.m. on April 1, 2002 or as soon
thereafter as the matter can be heard, in Courtroom 6 of this court, located at
280 South 1st Street, San Jose, California 95113, defendant Elcomsoft Company,
Ltd., (“Elcomsoft”) will move this court for an order dismissing
the indictment brought against it on the grounds that it violates due process
under the Fifth Amendment of the Constitution of the United States.
Said motion is based on this Notice, a Memorandum of
Law in Support of Motion, the Declarations of Alexander Katalov and Joseph M.
Burton, the files and records of the case, and such other argument as may be
offered at the time of the motion.
Dated: January
28, 2002 DUANE
MORRIS LLP
By:
JOSEPH
M. BURTON
Attorneys
for Defendant
ELCOMSOFT
COMPANY, LTD.
SF-28625
United States of America v. Elcom Ltd.,
a/k/a Elcomsoft Co., Ltd.
Case No.: CR 01-20138 RMW
PROOF OF SERVICE
I
am a resident of the state of California, I am over the age of 18 years, and I
am not a party to this lawsuit. My
business address is Duane Morris LLP, 100 Spear Street, Suite 1500, San
Francisco, California 94105. On
the date listed below, I served the following document(s):
NOTICE
OF MOTION TO DISMISS INDICTMENT FOR VIOLATION
OF
DUE PROCESS
_ by
transmitting via facsimile the document(s) listed above to the fax number(s)
set forth below on this date during normal business hours. Our facsimile machine reported the
"send" as successful.
_ by
placing the document(s) listed above in a sealed envelope with postage thereon
fully prepaid, in the United States mail at San Francisco, California,
addressed as set forth below.
I am readily familiar with the firm's
practice of collecting and processing correspondence for mailing. According to that practice, items are
deposited with the United States mail on that same day with postage thereon
fully prepaid. I am aware that, on
motion of the party served, service is presumed invalid if postal cancellation
date or postage meter date is more than one day after the date of deposit for
mailing stated in the affidavit.
John
Keker
Keker
& Van Nest
710
Sansome Street
San
Francisco, CA 94111
_ by
placing the document(s) listed above in a sealed envelope with postage thereon
fully prepaid, deposited with Federal Express Corporation on the same date set
out below in the ordinary course of business; to the person at the address set
forth below, I caused to be served a true copy of the attached document(s).
Scott
H. Frewing
Assistant
United States Attorney
United
States District Court
Northern
District of California
280
South First Street
San
Jose, CA 95113
_ by
causing personal delivery of the document(s) listed above to the person at the
address set forth below.
_ by
personally delivering the document(s) listed above to the person at the address
set forth below.
I
declare under penalty of perjury under the laws of the State of California that
the above is true and correct.
Dated: January ___, 2002
________________________________
Lea
A. Chase
SF-28625