New York Council of Defense Lawyers

Second Circuit Affirms Judge Kaplan's Attorney Fee Ruling In KPMG Tax Shelter Prosecution
August 28, 2008

Chief Judge Jacob's endorsement of Judge Kaplan's ruling, joined in unanimously by Judges Feinberg and Hall, represents a groundbreaking victory in the defense of corporate white collar defendants, both for individuals and the corporations who are unfairly targeted by prosecutors. Beyond the guts of the decision there is Judge Jacob's statement, at the end of the opinion, that ". . . it is unclear how the circling of the wagons is much different from the legitimate melding of a joint defense." That statement represents a critical recognition of the proper role of counsel when a corporation and its employees are targeted for investigation.

NYCDL Files Amicus Brief in the Tyco case, People v. Kozlowski and Swartz
June 9, 2008

The Council has filed an amicus brief in the Tyco criminal case arguing that the the failure to provide counsel with critical impeachment material deprived the defense of its constitutional rights under the confrontation and compulsory process clauses of the Constitution. Click the headline above for access to the full brief.

Elkan Abramowitz Receives the Norman S. Ostrow Award
March 14, 2008

More than 700 people attended this year's Norman S. Ostrow Luncheon at the Grand Hyatt Hotel in New York City. Elkan Abramowitz, of Morvillo Abramowitz Grand Iason Anello & Bohrer, was the recipient of this year's award. Click the header above to link to Elkan's speech accepting the Award.

NYCDL files amicus briefs in the U.S. Supreme Court in Rita and Claiborne cases
December 18th, 2006 (Updated February 19th, 2007)

NYCDL today filed amicus briefs in Rita v. United States and Claiborne v. United States, the two cases in which the Supreme Court granted certiorari to address important issues regarding appellate review of sentences for unreasonableness post-Booker. In connection with the briefs, NYCDL compiled and analyzed a database of 1,515 post-Booker reasonableness review cases, which was submitted as an appendix to the briefs. To view the briefs and appendix, click here.

The New York Council of Defense Lawyers ("NYCDL"), established in 1986 as a not-for-profit professional association, has a membership of about 200 very experienced lawyers whose principal area of practice is the defense of criminal cases, particularly in the federal courts in New York. Many of our members are former Assistant United States Attorneys, including a number of former Chiefs of the Criminal Division in the Southern and Eastern Districts of New York. Our membership also includes lawyers from the Federal Defender offices in these two districts.

The NYCDL's mission includes protecting and ensuring individual rights guaranteed by the U.S. Constitution by rule of law through education; supporting and advancing the criminal defense function by enhancing the quality of defense representation; taking positions on important defense issues; promoting study and research in the criminal justice system; and promoting the proper administration of criminal justice.

The NYCDL holds a biennial weekend retreat in October for members, invited prosecutors, judges and other distinguished guests, who meet informally as a group to discuss topics of special concern to the defense bar; an annual luncheon at which the Norman Ostrow Award, in memory of a distinguished founding member of the NYCDL, is presented to a defense lawyer for "outstanding contribution to the defense of liberty and the preservation of individual rights"; panel programs open to members and non-members on current topics of special interest; and informal luncheons for members and invited judges throughout the year.

The NYCDL's committees include two Liaison Committees that meet frequently with the United States Attorneys of the Southern and Eastern Districts of New York to discuss issues of mutual concern; a Federal Sentencing Guidelines Committee that has, since the Guidelines' inception, commented formally and often with testimony on proposed Guidelines amendments; an Ethics, Legislation and Rules Committee that keeps current with these areas as they affect defense practice and proposes and then prepares NYCDL positions; and an Amicus Committee that writes briefs on our behalf on significant issues in trial and appellate courts .

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