In a week of routine summary affirmances, the Second Circuit showed surprising empathy for a WDNY defendant in Feldman. The Circuit went out of its way to fault the district court for summarily dismissing defendant’s challenges to the unfairness of the government’s...
Protecting Your Rights And Your Future
Month: September 2019
Defining unlawful gifting
Given New York City’s deep connections with the corporate world, it is not uncommon for locals to hear stories of businesses executives getting in trouble for either giving or receiving gifts from those with whom there is the potential to do business. Most would refer...
Ed Sapone’s DECISIONS OF THE WEEK -September 12, 2019
The Second Circuit returned to its mid-season pace, but this week’s opinions and summary orders offered no relief for criminal defendants, minus one exception. The Doe decision, an interesting one, recognizes and explains the right of a defendant to appeal the denial...
Defenses to money laundering charges in New York
When large amounts of money are dealt with on a "cash-in-hand" basis, it can be enough for suspicions of money laundering to arise. Money laundering is defined as the act of attempting to make cash seem like it has been legitimately acquired when it is, in fact, the...
Embezzlement charges for alleged defrauding of employer
People who work for companies and hold positions of some authority may often be in positions where they may be purchasing decisions for the business. This means they may approve the payment of money to other partners, vendors or suppliers. One man in New York is today...
Ed Sapone’s DECISIONS OF THE WEEK -September 5, 2019
This week the Second Circuit was constrained to vacate the convictions it had affirmed in Barrett. It also affirmed a suppression ruling despite a prolonged traffic stop in Wallace. Judge Pooler authored a rare dissent. The New York State appellate courts released...
What are immigration offenses?
Countless people from all over the world seek to gain entry into the United States every year. Millions of immigration applications are received for a limited number of visas, which means that many people will be left without means of lawful entry. This has led to a...