Brady material—or any other material—was taken from a witness in the middle of the witness's cross-examination, then returned to him for five days. The Second Circuit found that those events "created a serious risk that significant material would be destroyed or tampered with." Id. Here, in contrast, the diary co

cult? (6) Do the defendants have limited funds with which to investigate and prepare their defense? Rueb, 2001 WL 96177, at *7-8 (citation omitted). The Second Circuit, however, has not adopted these factors, nor do they constitute an exhaustive list of factors that the Court may consider in determining whether to

t, ex pane transcripts, and ex pane rulings. Boies, Schiller & Flexner ("BSF') lawyers, cooperating with the government, are aware of the Material. The Second Circuit has characterized these types of documents as "judicial documents" with a presumptive right of public access. See Brown v. Maxwell, 929 F.3d 41, 47

ile his direct appeal as of right is pending, his death abates not only the appeal, but also proceedings had during the course of the prosecution. The Second Circuit incidentally has also held that when a criminal conviction abates upon the death of a defendant, any restitution ordered as a result of that convi

As noted above, the Protective Order specified that confidential material would not be protected with respect to any document proffered at trial. The Second Circuit has recognized two approaches for determining whether the First Amendment right of access extends to particular judicial records. Lugosch, 435 F.3d

districts, such as the Southern District of New York. See United States v. Fernandez, No. 17-CR- 167 (JMF), 2017 WL 6372783 at *2 (S.D.N.Y. 2017) ("The Second Circuit has squarely held that "[w]hen the express terms of a plea agreement set forth promises by `the Government,' . . . the plea agreement binds only th

districts, such as the Southern District of New York. See United States v. Fernandez, No. 17-CR- 167 (JMF), 2017 WL 6372783 at *2 (S.D.N.Y. 2017) ("The Second Circuit has squarely held that "[w]hen the express terms of a plea agreement set forth promises by `the Government,' . . . the plea agreement binds only th

YE)" < > Date: August 1, 2019 at 10:56:49 AM EDT To: USANYE-Brooklyn_Criminal_Attorneys Cc: "-(USANYE)" < Subject: Second Circuit Bail Decision The Second Circuit today issued an opinion today that will affect bail motions in white collar cases and other cases where wealthy defendants seek to be released to ho

plemented the fee increases. 3 documents attached I Read full article » TELECOMMUNICATIONS 2nd Circ. Won't Revive NY Town's Fight Over Cell Tower The Second Circuit isn't going to touch a federal court ruling that allowed a wireless tower to be constructed in a New York town over objections from the local board

il Reform Act and the United States Constitution." United States v. Valerio, 9 F. Supp. 3d 283, 292 (E.D.N.Y. 2014) (Bianco, J.) (collecting cases). The Second Circuit has never directly addressed this issue. See United States v. Sabhnani, 493 F.3d 63, 78 n.18 (2d Cir. 2007) ("The government has not argued and, th

l Reform Act and the United States Constitution." United States v. Valerio, 9 F. Supp. 3d 283, 292 (E.D.N.Y. 2014) (Bianco, J.) (collecting cases). The Second Circuit has never directly addressed this issue. See United States v. Sabhnani, 493 F.3d 63, 78 n.18 (2d Cir. 2007) ("The government has not argued and, the

ted groups from seeing their housing ads on Facebook. Read full article >> INSURANCE 2nd Circ. Agrees Recycling Bin Not A 'Vehicle' Under Policy The Second Circuit on Tuesday upheld a New York federal judge's ruling that a wheeled recycling bin does not qualify as a vehicle in a policy dispute between an insur

t has issued an order noting that further information about public access, including a public dial-in number, will be posted to the docket sheet. • The Second Circuit has scheduled a remote oral argument in connection with the defendant's bail appeal for April 26th at 10 a.m. Second Circuit arguments are livestrea

ptocurrency scam, delaying the trial for about a month. Read full article » SECURITIES $3B Petrobras Settlement Clears Final Hurdle In 2nd Circ. The Second Circuit on Friday affirmed the approval of Petrobras' $3 billion securities class action settlement related to the Brazilian oil giants massive le"law360 P