ank of Texas, 880 F.2d 828, 830 (5th Cir. 1989) Endnotes (affirming criminal successor liability for Bank Secrecy Act violations); United States v. Polizzi, 500 F.2d 856, 907 (9th Cir. 1974) (affirming criminal successor liability for conspiracy and Travel Act violations); United States v. Shields Rubber

l avoid any problem by requiring the prosecution to elect between counts charged rather than by merging the counts at sentencing." United States v. Polizzi, 257 F.R.D. 33, 36-37 (E.D.N.Y. 2009). The Court should order such an election and dismissal here. I. The Motion is Not Premature, and the Court ha