New York Federal Criminal Practice

Observations on notable court decisions, news and developments affecting federal criminal practice in New York.

Author: JaneAnne Murray is a solo practitioner in New York City.

Blawg Related Categories: Criminal Justice • Sentencing/Post Conviction • 2nd Circuit Court • States • New York • Solo / Small Firm

Recent Posts from New York Federal Criminal Practice

Second Circuit Affirms SDNY Judge Kaplan's Dismissal of Indictment Against Thirteen Defendants in KPMG Tax Shelter Fraud Case
The Second Circuit has affirmed SDNY Judge Kaplan’s stunning dismissal of an indictment against thirteen defendants in the largest tax fraud prosecution in history (discussed previously here) because of the government’s interference with their Sixth…
Second Circuit Holds Restitution Order under MVRA May Include Attorneys Fees and Accounting Costs
The multi-million dollar legal and forensic accounting fees incurred by companies investigating fraud perpetrated by their executives may be included in a restitution order under the Mandatory Victims Restitution Act (MVRA), the Second Circuit held…
SDNY Judge Sentences Cooperator in Fraud Case to Six Months Intermittent Confinement and Six Months Home Detention
Has a cooperator who helped convict ten other defendants earned a non-custodial sentence? How should a sentencing judge weigh the competing factors of rewarding and punishing the cooperating defendant? These are the questions that have…
EDNY Judge Block Imposes 60-month Sentences in Securities Fraud Case Instead of Guideline Sentences of 360 months to Life
Rejecting the “patently absurd” and “draconian” sentences of 360 months to life dictated by the Guidelines in a securities fraud case, and holding that sentences in white collar cases should not be “a black stain…
EDNY Judge Weinstein Rejects Strict Liability Guideline Enhancement in Gun Possession Case Predicated on Guideline Commentary
The devil is in the details, and, when it comes to the Sentencing Guidelines, that often means in the guideline commentary. In an important and lengthy new opinion, United States v. Handy, 07-cr-906 (JBW), 2008…
Second Circuit Issues Notable Decision Defining Victim and Loss Under the Sentencing Guidelines
Adding to a series of notable decisions addressing the calculation of loss under the Sentencing Guidelines, see here, here and here, the Second Circuit has ruled in United States v. Abiodun, 2008 WL 2924341 (2d…
EDNY Judge Denies Motion to Dismiss Indictment Charging English Teacher and Translator with Providing Material Support to Terrorists
A middle-aged woman, who taught English and translated documents for an Iranian dissident group dedicated to democracy, hardly fits the image of a terrorist, but that individual happens to be the sole defendant in a…
SDNY Judge Grants Government’s Eleventh Hour Request to Take Depositions in the UK
A trip to the United Kingdom to take depositions might be a welcome diversion for many lawyers, but not during the weeks leading up to a major, document-intensive, white collar criminal trial. In United States…
EDNY Judge Rules Defendant's Proffer Statements Inadmissible at Trial
“Queen for a day” (proffer) agreements – bare your soul to prosecutors in exchange for some limited protections – usually benefit the government more than the defendant. For one thing, in these agreements, the defendant…
WDNY Judge Upholds Constitutionality of Adam Walsh Act, Citing its Safety Valve Provision
As noted by this blog previously, see here, the Adam Walsh Act of 2006 prohibits the reproduction of child pornography during legal proceedings, and in particular, permits the government to refuse to supply copies of…