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John Murtha — Part 28
Page 34
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Murphy further argues that his prosecution was the product
of governmental overreaching in the creation and promotion
of crime ‘and that the government's outrageous creative | |
activity was designed to lure Murphy into criminality without
any indication of his predisposition or prior agreement =
to engage’ in wrongdoing. He further argues that as ta
him the government deliberately or reckessly created ambigu-*
ous and misleading evidence of criminality. Murphy's final
argument focuses upon claimed misconduct by the government
in the Abscam investigation and prosecution, and argues
that the misconduct caused him specific prejudice. He
contends that dismissal of the indictment would not harm
any legitimate. law enforcement purpose, but on the contrary.
would serve as a deterrent against any future Abscam-type
abuses.
D. Lederer's Claims.
Defendant Lederer claims he was deprived of due
process and that he was the victim of entrapment’ as a matter °
of law because Abscam constitutes outrageous conduct on
the part of government agents in that they created rather
than discovered crime; allowed Weinberg and Amoroso to
act in an uncontrolled fashion; manufactured jurisdiction
over defendants; selected a venue that would avoid the
Third Circuit's decision in US vy. Twigg, 588 E2d 373 (CA3
1978); provided improper incentives for Weinberg; appealed
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