by Sapone & Petrillo, LLP | May 31, 2019 | Ed Sapone’s Decisions of the Week
Another quiet week in the Circuit, with no precedential decisions and only a few summary affirmances. The state courts were similarly quiet. Second Circuit On Wednesday, In United States v. Asch, in a summary order, the Circuit affirmed the SDNY judgment convicting...
On Behalf of Sapone & Petrillo, LLP | May 28, 2019 | Embezzlement, Firm News
People who live in New York and who are involved in the financial services industry know that theirs is a highly watched and regulated sector of business. While this is certainly understandable, given that professionals are in charge of other people’s money, it...
On Behalf of Sapone & Petrillo, LLP | May 26, 2019 | Firm News, Fraud
Residents in New York know how essential the public transit system is to make things work in and around New York City. Keeping on top of maintenance, repair and modernization needs certainly is no small task. This task, in fact, is exactly why union officials and some...
by Sapone & Petrillo, LLP | May 24, 2019 | Ed Sapone’s Decisions of the Week
Not much going on in the Second Circuit or New York’s state appellate courts in this pre-holiday week. For those interested in the philosophical differences between permissible inferences and impermissible speculation, Judge Denny Chin’s opinion in Pauling is worth a...
On Behalf of Sapone & Petrillo, LLP | May 19, 2019 | Federal Crimes, Firm News
When a crime of deceit crosses New York borders through the use of a private interstate carrier or the U.S. Postal Service, it becomes mail fraud. One of the most common federal criminal charges, it includes a variety of schemes intended to defraud victims. According...
by Sapone & Petrillo, LLP | May 17, 2019 | Ed Sapone’s Decisions of the Week
No precedential opinions this week from the Circuit, but an unusual vacatur of an NDNY resentence in Jenkins, finding that the judge had not followed the Circuit’s instructions when it previously vacated a 225-month sentence. Second Circuit On Friday, in United States...
On Behalf of Sapone & Petrillo, LLP | May 13, 2019 | Firm News
A doctor who gets accused of running a “pill mill” scheme is usually someone who prescribes medications that patients do not really need for medical purposes. For instance, someone may come in after an injury to get prescription painkillers. They could...
by Sapone & Petrillo, LLP | May 11, 2019 | Ed Sapone’s Decisions of the Week
This was a routine week. The Second Circuit rejected defendant’s contention that a NY state court burglary conviction is not a crime of violence in a precedential decision in Evans. Also, among its summary orders, the Circuit found in James that a district court’s...
On Behalf of Sapone & Petrillo, LLP | May 8, 2019 | Firm News, Fraud
Cases of wire fraud are common in New York and throughout the country. It is important to understand what constitutes wire fraud and some warning signs to be able to identify when it occurs. According to the United States Department of Justice, the elements of wire...
