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Conviction of Sen. D’Amato’s Brother Voided

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<i> From Associated Press</i>

A federal appeals court reversed the mail fraud conviction of Sen. Alfonse M. D’Amato’s brother Monday, saying the evidence of criminal intent was legally insufficient.

The U.S. 2nd Circuit Court of Appeals threw out the indictment against Armand P. D’Amato, who had been accused of committing mail fraud.

Prosecutors alleged the 50-year-old lawyer had billed a corporation for consulting services when his actual work had been to lobby his brother, a Republican senator, on the company’s behalf.

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“This was a great Halloween,” Armand D’Amato said.

D’Amato, a partner in a Long Island law firm, was convicted last year of accepting $32,500 from a defense contractor, Unisys Corp., in exchange for agreeing to lobby his brother for contract awards.

Unisys Corp., based in the Philadelphia suburb of Blue Bell, Pa., pleaded guilty in 1991 to charges stemming from a Defense Department influence-peddling scandal and agreed to pay a penalty of up to $190 million.

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