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Ganaposki (D) fraudulently concealed assets from a trustee in bankruptcy. The applicable statute of limitations stated that an indictment had to be brought within three years after the commencement of the offense. The statute was amended sometime after D started his illegal activities. Under the new statute, the crime was defined to be a continuing offense. The statute of limitations could not be tolled until final discharge in bankruptcy. D was denied a discharge in bankruptcy more than three years before his indictment was brought. D had not been discharged at the time of the indictment. D was indicted and filed a motion to dismiss the indictment because of the statute of limitations.

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