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The Right to be Heard: Second Circuit Vacates Sentence of Criminal Defendant Denied Allocution

In United States v. Lajeunesse, the Second Circuit (Leval, Chin, Lee) vacated the conviction of a criminal defendant denied an opportunity to personally address the court during his sentencing hearing....more

Second Circuit Affirms Conviction and Sentence of Defendant Who Posted Video Urging "Slaughter" of Members of United States...

In United States v. Hunt, the Second Circuit (Walker, Parker, and Bianco) affirmed the conviction and sentence of Brendan Hunt, who in the wake of the 2020 presidential election threatened prominent elected officials on...more

Second Circuit Upholds Michael Avenatti’s Conviction for Extortion and Fraud

On August 30, 2023, in United States v. Avenatti, the Second Circuit (Walker, Raggi, Park) put another nail in the coffin of disgraced former celebrity attorney Michael Avenatti. Avenatti became well-known in 2018 due to his...more

Over Dissent, Circuit Embraces Strict “Collateral/Direct” Distinction for Ineffective Assistance of Counsel Claims

In Padilla v. Kentucky, 559 U.S. 356 (2010), the Supreme Court held that attorneys must advise their noncitizen clients of the risk of deportation arising from criminal conviction, and that the failure to do so violates the...more

TikTok Ban on Government Contractors’ Devices

In recent years, TikTok has become one of the most popular social media apps in the United States, with more than 150 million users, and the most popular smartphone app in the United States. Despite its widespread popularity...more

The Supreme Court Confirms The Government’s Significant Discretion To Dismiss False Claims Act Cases

On June 16, 2023, the Supreme Court ruled in United States ex rel. Polansky v. Executive Health Resources, Inc., that (i) under the False Claims Act, the government may move to dismiss a False Claims Act (“FCA”) action...more

Supreme Court Rejects Objective Standard for Scienter for False Claims Act

On June 1, 2023, the United States Supreme Court decided two consolidated cases, United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, 589 U.S. ___ (2023), holding that a defendant’s...more

Not So Strange: Circuit Affirms Sentencing Enhancement Where Defendant Fabricated Letters Submitted to Sentencing Court

In a recent opinion, the Second Circuit upheld a 57-month sentence that applied a two-level sentencing enhancement for obstruction of justice and rejected a request for a sentencing reduction for acceptance of responsibility...more

Second Circuit Remands for Resentencing in Watts v. United States

In Watts v. United States, the Second Circuit (Livingston, Parker, Park) issued an unpublished summary order that affirmed Michael Watts’ convictions for his role in a pump-and-dump scheme, and agreed with the government that...more

Second Circuit Holds a Second-Degree Kidnapping Criminal Conviction Does Not Qualify as a Crime of Violence

In its most recent opinion in the United States v. Eldridge case, the Second Circuit (Chin, Sullivan, and Nardini) (the “panel”) held that second-degree kidnapping under New York Penal Law is not a crime of violence pursuant...more

How Close Are Your Neighbors? Shared Space May Create Privacy Interest, 2d Cir. Holds

In United States v. Lewis, the Second Circuit (Lohier, Carney, and Nathan) affirmed a gun-related conviction, but rejected the district court’s assertion that a bright-line rule bars the application of the Fourth Amendment to...more

Seeking to Avoid Circuit Split, Circuit Affirms FECA Conviction

In United States v. Kukushkin, the Second Circuit (Pooler, Lohier, and Nathan) affirmed the conviction of Andrey Kukushkin for conspiring to illegally donate monies to a political campaign in violation of 52 U.S.C. §§ 30121,...more

OFAC Advises Companies To Institute Rigorous Compliance Controls In Light Of Russia-Related Sanctions

On March 2, 2023, the United States Department of Commerce’s Bureau of Industry and Security (BIS), the United States Department of Justice (DOJ), and the United States Department of the Treasury’s Office of Foreign Assets...more

Second Circuit Sheds Light On Voir Dire Challenges

In United States v. Mendlowitz, the Second Circuit (Kearse, Pooler, and Menashi) issued a summary order in which the panel affirmed the defendant-appellant’s conviction for wire fraud and conspiracy to commit wire fraud....more

OFAC Announces Amendments Authorizing General Licenses For Humanitarian Relief

On December 20, 2022, the United States Department of Treasury’s Office of Foreign Assets Control (“OFAC”) announced the amendment of multiple regulations to add or revise certain general licenses across OFAC sanctions...more

An Overview of the SEC, SDNY and CFTC Cases Against Sam Bankman-Fried

As has been widely reported, last week, the SEC, CFTC, and U.S. Attorney’s Office (“USAO”) for the Southern District of New York (“SDNY”) announced charges against Samuel Bankman-Fried (“SBF”), the co-founder and majority...more

Deputy Attorney General Announces Further Revisions to Corporate Criminal Enforcement Policies

On September 15, 2022, Deputy Attorney General (“DAG”) Lisa Monaco announced a series of changes to the United States Department of Justice’s (the “Department” or “DOJ”) corporate enforcement policies. This follows a prior...more

New OFAC General License Clarifies Ability to Engage in Humanitarian Aid in Ukraine and Russia

In connection with the war in Ukraine, the United States has significantly enhanced its sanctions against the Russian Federation. However, the Department of the Treasury’s Office of Foreign Asset Control (“OFAC”) recently...more

Second Circuit Doubles Down on Expansive Application of Federal Fraud Statutes

In United States v. Percoco, the Second Circuit (Raggi, Chin, Sullivan) the Second Circuit affirmed the convictions of several defendants involved in the so-called “Buffalo Billion” scandal.  The charged crimes included three...more

Rare En Banc Second Circuit Says “Spread Eagle” Order Not a Search Over Spirited Dissents Decrying State of Fourth Amendment...

The Second Circuit, sitting en banc, reversed a panel decision holding that officers lacked reasonable suspicion to frisk defendant Calvin Weaver after a traffic stop. The en banc majority (Judge Nardini, who authored the...more

Concurrent Sentence Doctrine Alive and Well for Collateral Review

In United States v. Kassir, the Second Circuit (Jacobs, Nardini) held that the concurrent sentence doctrine applies to collateral review of criminal convictions.  Under the doctrine, a court may decline to consider a...more

Circuit Affirms Conviction, Finding No Coerced Confession When Made in Presence of Attorney

Recently, the Second Circuit upheld the conviction and 40-year sentence of a Hezbollah operative.  In United States v. Kourani, No. 19-cr-4292 (Cabranes, Kearse, Pooler), the Court rejected the defendant’s various arguments...more

Second Circuit Affirms Judgment Against S.E.C. Broker, Holds that Statute of Limitations for S.E.C. Actions is Not Jurisdictional

In Securities and Exchange Commission v. Fowler, the Second Circuit (Lohier, Nardini, and Cronan, sitting by designation) affirmed the imposition of civil penalties and disgorgement against a financial broker.  In so doing,...more

Second Circuit Affirms Convictions of Defendants Who Traded On Press Releases Hacked From Major Newswires

In United States v. Korchevsky, the Second Circuit (Walker, Parker, Carney) affirmed two defendants’ conspiracy and securities fraud convictions over defendants’ myriad claims of error, which included challenges to the...more

Second Circuit Provides Guidance on Courtroom Design, Predicate Offenses, and the First Step Act

In United States v. Eldridge, the Second Circuit (Chin, Sullivan, Nardini) affirmed the convictions of a group of co-defendants who were indicted on a litany of charges, many of which related to the attempted robbery of a...more

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