Attorney Mark B. Hanson said the motion to dismiss that he filed was brought pursuant to the Federal Rules of Criminal Procedure and pursuant to his client’s rights to due process under the Fifth, Sixth and 14th amendments to the United States Constitution.
Hanson said the seven counts of wire fraud in the superseding indictment “do not allege federal offenses of wire fraud.”
Additionally, as alleged in the superseding indictment, Hanson said “the government’s charges of wire fraud in Counts 2 through 8 are fatally defective in that the charges fail to allege use of the wires ‘for purposes of executing’ the fraudulent scheme alleged in the superseding indictment.”
The federal government has filed a superseding indictment on March 18, 2011, charging Reksid with seven counts of wire fraud and one count of bribery concerning a program receiving federal funds which he denied.
Assistant U.S. Attorney Eric S. O’Malley is prosecuting the case which is due for jury trial this week.
According to the superseding indictment, Reksid received a bribe of $3,000 from the owner and president of a business engaged in a series of transactions with DPL involving EPA Brownfields grants on or about Feb. 12, 2009.
During this period, the indictment added, Reksid also borrowed money from friends, associates and family members that accumulated to $300,000 and wired them to unidentified persons based in Ivory Coast and Lagos, Nigeria whom he met on the internet.
Reksid managed to obtain the loans through false pretenses that he had substantial sums in a bank account in New York, which he never had, and that he needed to pay some attorney fees to “unlock” it, the indictment stated.
