Amicus Briefs

 

Recent Amicus Briefs

 

In the Supreme Court (seeking cert)

 

James Gatto v. USA – in support of Petitioner – to the Second Circuit - September 7, 2021

One of NCAA cases.  Right to control – A defendant does not “obtain” property merely by depriving another of the “right to control” assets.  Appendix compiles over 110 defendants to whom right to control theory has been applied in the district courts of the Second Circuit.

Authors: Gary and Gregory Ketcham-Colwill, Harry Sandick, Christine H. Chung

 

Scott Phillip Flynn v. USA – in support of petitioner – to the Eighth Circuit - March 19, 2021

Klein conspiracy doctrine should be reviewed.  Construing the “defraud” clause of Section 371 to cover conspiracies that obstruct the operations of the U.S. government through deceptive conduct is overbroad.

Authors:  Jeremy H. Temkin, A. Dennis Dillon, Harry Sandick

 

Mark Johnson v. USA – in support of petitioner – to the Second Circuit - July 24, 2020

Right to control:  A defendant does not “obtain” property merely by depriving another of the “right to control” assets. 

 

Second Circuit en banc

USA v. Calvin Weaver – Amicus brief in support of defendant-appellant - March 8, 2021

The court should hold that a Terry frisk commences when an individual is forced to assume a spread-eagle or “in search” position; to hold otherwise will induce additional, unconstitutional racial profiling by law enforcement.

Authors:  co-filed with NACDL and NYSACDL – Alexandra A.E. Shapiro, Erin James; Richard D. Willstater (for NACDL); Timothy Murphy (for NYSACDL).

 

Second Circuit

 

USA vs Theryn Jones – Amicus brief in support of defendant-appellant Jones – April 9, 2021

Defense witness immunity – It violated the due process clause for the trial court to deny an application for immunity for a witness who denied defendant’s involvement in the charged murder and had himself already pled guilty to the same murder.

Authors:  Christine H. Chung, Harry Sandick, Gary Stein

 

USA v. Matthew Connolly, Gavin Campbell Black – Amicus brief in support of defendants-appellants – May 12, 2020

Deutsche Bank LIBOR defendants.  Opinions cannot be the basis of fraud prosecutions; the government must prove that defendants believed estimates to be untrue or unreasonable.

Authors: Gary Stein, Elizabeth M. Sullivan, Harry Sandick, David S. Kleban

 

USA v.  Jeremy Shor, Anilesh Ahuja – Amicus brief in support of defendants-appellants - May 8, 2020

Trial court’s practice of barring re-cross examination violated defendant’s Confrontation Clause rights.

Author:  Tai H. Park

 

 

Amicus Briefs April 2020 and earlier

 

US Supreme Court

Caroni v. USA – Amicus Brief in Support of Petitioner

USA v. Marinello Amicus Brief in Support of Petitioner - September 8, 2017

Kaley v. USA – Amicus Brief in Support of Petitioner - July 27, 2016

Salman v. USA – Amicus Brief in Support of Petitioner - May 13, 2016

Binday v. USA – Amicus Brief in Support of Petitioner - April 13, 2016

Luis v. USA – Amicus Brief in Support of Petitioner - August 25, 2015

Gall v. USA – Amicus Brief in Support of Petitioner

Rita v. USA – Amicus Brief in Support of Petitioner

USA v. Alleyne Amicus Brief in Support of Petitioner - November 26, 2012

Claiborne v. USA – Amicus Brief in Support of Petitioner

 

USCA, 2d Circuit


USA v. Martoma – Second Amicus Brief Supporting Petition for Rehearing/Rehearing En Banc - August 15, 2018

USA v. Robson, et al. – Amicus Brief in Support of Defendants-Appellants - July 13, 2016

Doe v. USA – Amicus Brief in Support of Petitioner-Appellee and Affirmance - December 23, 2015

USA v. Newman, et al. – Amicus Brief Opposing Petition for Rehearing/Rehearing En Banc - February 25, 2015

USA v. Ganias – Amicus Brief in Support of Appellant - July 29, 2015

USA v. Doe – Amicus Brief in Support of Respondent-Appellant - May 23, 2013

USA v. Cutler, et al. – Amicus Brief in Support of Petitioners -  April 21, 2008

 

SDNY

USA v. Alejandro – Amicus Brief in Support of the Resentencing of Petitioner April 4, 2014