Amicus BriefsRecent 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
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 CourtCaroni 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 CircuitUSA 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. 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 SDNYUSA v. Alejandro – Amicus Brief in Support of the Resentencing of Petitioner April 4, 2014 |