Justia U.S. 2nd Circuit Court of Appeals Opinion Summaries

Edward Mangano, the former County Executive of Nassau County, New York, and his wife, Linda Mangano, were involved in a public corruption case. Edward Mangano was accused of accepting bribes from Harendra Singh, a businessman, in exchange for using his influence to secure loan guarantees from the Town of Oyster Bay for Singh's businesses. Singh provided various gifts and a no-show job for Linda Mangano, paying her approximately $100,000 annually. The Manganos were also accused of conspiring to obstruct a federal grand jury investigation into these bribes by fabricating stories about Linda's employment.In the United States District Court for the Eastern District of New York, Edward Mangano was convicted of conspiracy to commit federal programs bribery, honest services fraud, and related substantive offenses. Linda Mangano was convicted of conspiracy to obstruct justice, obstruction of justice, and making false statements to federal officials. The district court sentenced Edward Mangano to 12 years in prison and Linda Mangano to 15 months.On appeal, the United States Court of Appeals for the Second Circuit reviewed the case. The court found that the district court properly instructed the jury on the conspiracies to commit honest services fraud and obstruction of justice, and that the evidence was sufficient to convict the Manganos on those charges. However, the court concluded that the evidence was insufficient to convict Edward Mangano of conspiracy to commit federal programs bribery or the related substantive offense. Consequently, the Second Circuit reversed the district court's judgment in part, affirming the convictions related to honest services fraud and obstruction of justice, but reversing the convictions related to federal programs bribery. The case was remanded for further proceedings consistent with the appellate court's opinion. View "United States v. Mangano" on Justia Law

Robert Sylvester Kelly, also known as R. Kelly, was convicted in the United States District Court for the Eastern District of New York of racketeering and Mann Act violations. The evidence presented at trial showed that Kelly, with the help of his associates, exploited his fame to lure and abuse young girls and women over a period of twenty-five years. Kelly isolated his victims, controlled their lives, and subjected them to verbal, physical, and sexual abuse.The district court sentenced Kelly to 360 months' imprisonment for racketeering and additional concurrent sentences for the Mann Act violations. Kelly was also fined and ordered to pay restitution to two victims. Kelly appealed his convictions, challenging the sufficiency of the evidence, the constitutionality of the state laws underlying his federal convictions, the empaneling of certain jurors, ineffective assistance of counsel, and the district court's evidentiary rulings and restitution orders.The United States Court of Appeals for the Second Circuit reviewed Kelly's appeal. The court found that there was sufficient evidence to support Kelly's convictions, including the underlying state and federal violations. The court also held that the New York state law was constitutional as applied to Kelly and that Kelly's challenges to the California state law were untimely. The court found no evidence of juror bias or ineffective assistance of counsel during voir dire. The court also upheld the district court's evidentiary rulings and restitution orders, finding no abuse of discretion.The Second Circuit affirmed the judgment of the district court, concluding that Kelly's arguments on appeal were without merit. View "United States v. Kelly" on Justia Law

Sealed Appellant 1, the former CEO of a publicly traded company, and Sealed Appellants 2 and 3, a lawyer and law firm that represented him and the company, appealed an order from the United States District Court for the Southern District of New York. The district court compelled Sealed Appellants 2 and 3 to produce documents withheld under attorney-client privilege in response to grand jury subpoenas. The court found that the crime-fraud exception to attorney-client privilege applied, as there was probable cause to believe that communications between Sealed Appellants 1 and 2 were made to criminally circumvent the company’s internal controls.The district court concluded that the company had an internal control requiring its legal department to review all significant contracts. It found that Sealed Appellant 1 and Sealed Appellant 2 concealed settlement agreements with two former employees who had accused Sealed Appellant 1 of sexual misconduct. These agreements were not disclosed to the company’s legal department or auditors, violating internal controls and resulting in false statements to auditors.The United States Court of Appeals for the Second Circuit reviewed the case. It first determined that it had jurisdiction under the Perlman exception, which allows for immediate appeal when privileged information is in the hands of a third party likely to disclose it rather than face contempt. On the merits, the court found no abuse of discretion in the district court’s application of the crime-fraud exception. It held that there was probable cause to believe that the communications were made to circumvent internal controls, thus facilitating or concealing criminal activity. Consequently, the Second Circuit affirmed the district court’s order compelling the production of the documents. View "In Re: Grand Jury Subpoenas Dated September 13, 2023" on Justia Law

Oladayo Oladokun was convicted in the United States District Court for the Southern District of New York after pleading guilty to conspiracy to commit bank fraud and conspiracy to commit money laundering. His involvement included directing others to open bank accounts to receive stolen or forged checks and launder money. He was sentenced to 125 months in prison followed by three years of supervised release.Oladokun appealed, challenging the district court's calculation of his offense level under the United States Sentencing Guidelines. He argued against the application of an eighteen-level enhancement based on the loss amount, a two-level enhancement for ten or more victims, and a four-level enhancement for his role in an offense involving five or more participants. Additionally, he claimed ineffective assistance of counsel for not requesting a Franks hearing to suppress evidence obtained from his residence.The United States Court of Appeals for the Second Circuit reviewed the case. The court found that the district court did not err in its factual basis for the Guidelines enhancements. It upheld the eighteen-level enhancement for the intended loss amount, the two-level enhancement for ten or more victims, and the four-level enhancement for Oladokun's role in the offense. The court also rejected Oladokun's ineffective assistance claim, noting that even if his counsel had been ineffective, Oladokun failed to show the requisite prejudice because the warrant application was supported by probable cause without the challenged evidence.The Second Circuit affirmed the judgment of the district court. View "United States v. Oladokun" on Justia Law

The defendant, Guy Cuomo, was convicted of multiple offenses, including conspiracy to commit computer fraud, accessing a protected computer without authorization, aggravated identity theft, misuse of a social security number, and conspiracy to misuse social security numbers. Cuomo, along with his co-defendant, operated companies that engaged in skip tracing, which involved obtaining debtors' place of employment (POE) information by impersonating them and initiating fraudulent unemployment insurance applications using their personal information.The United States District Court for the Northern District of New York, following a jury trial, found Cuomo guilty on all counts. The court sentenced him to 45 months of imprisonment, followed by three years of supervised release. Cuomo appealed, arguing that his conduct did not violate the relevant statutes, the jury instructions were deficient, and the evidence was insufficient to support his convictions.The United States Court of Appeals for the Second Circuit reviewed the case. The court found that the evidence was sufficient to support the jury's findings that Cuomo accessed a computer without authorization and obtained information for financial gain. The court also upheld the jury instructions, stating they were not erroneous. Additionally, the court found no merit in Cuomo's arguments regarding the misuse of social security numbers and aggravated identity theft, noting that the evidence supported the convictions.The appellate court affirmed the district court's judgment, concluding that Cuomo's contentions were without merit and that the district court did not err in its findings or sentencing. View "USA v. Cuomo" on Justia Law

John Bradley pleaded guilty in 2013 to possessing a firearm as a felon and was sentenced to three years in prison followed by three years of supervised release. In 2023, the Probation Office reported that Bradley violated his supervised release by using marijuana, committing assault and strangulation, and leaving the judicial district without permission. Judge Sullivan, who had presided over Bradley's initial conviction and was later elevated to the Second Circuit Court of Appeals, was designated to oversee the revocation proceedings.The United States District Court for the Southern District of New York, with Judge Sullivan presiding by designation, found Bradley had violated the terms of his supervised release. The court determined by a preponderance of the evidence that Bradley had used marijuana, left the judicial district without permission, and committed assault and strangulation. Consequently, the court sentenced Bradley to 18 months in prison followed by 18 months of supervised release. Bradley appealed, challenging the constitutionality of Judge Sullivan's designation and the lack of a jury trial in the revocation proceedings.The United States Court of Appeals for the Second Circuit reviewed the case. The court held that the statute authorizing Chief Judge Livingston to designate Judge Sullivan, 28 U.S.C. § 291(b), was constitutional and that the Designation Orders conformed to the statute. The court also held that Bradley was not entitled to a jury trial during his revocation proceedings, as the proceedings did not resemble punishment for a new offense. The Second Circuit affirmed the judgment of the district court, upholding the revocation of Bradley's supervised release and his subsequent sentence. View "United States v. Bradley" on Justia Law

Randy Torres, Walston Owen, and Charles Ventura were involved in a street gang known as the Rollin’ 30s Crips. Following a jury trial, they were convicted of various offenses, including racketeering conspiracy under the Racketeer Influenced and Corrupt Organizations Act (RICO). Owen and Ventura were also convicted of additional firearms and assault offenses. Torres and Owen received sentences of 475 months’ imprisonment, while Ventura was sentenced to 288 months.The United States District Court for the Southern District of New York oversaw the trial. The defendants raised several arguments on appeal, including insufficient evidence to support their convictions, errors in jury instructions, improper admission of co-conspirator statements, and issues related to jury impartiality. They also challenged the district court’s refusal to grant a downward departure in Ventura’s sentencing.The United States Court of Appeals for the Second Circuit reviewed the case. The court found that there was sufficient evidence to support the convictions, including the special sentencing factors related to the murders of Victor Chaffa and Nestor Suazo. The court also held that the district court did not err in its jury instructions or in its handling of the juror impartiality issues. Additionally, the court found no abuse of discretion in the admission of co-conspirator statements.The Second Circuit dismissed Ventura’s claim regarding the district court’s refusal to grant a downward departure for lack of jurisdiction and affirmed the judgments of the district court in all other respects. The court concluded that the defendants’ arguments were without merit and upheld their convictions and sentences. View "United States v. Torres" on Justia Law

Andrew Davis was convicted of conspiracy to distribute and possess with intent to distribute marijuana, possession with intent to distribute marijuana, possession of firearms in furtherance of a drug trafficking crime, and conspiracy to commit money laundering. Davis trafficked large quantities of marijuana in Bridgeport, Connecticut, using a method involving shipping marijuana from California via FedEx. Upon his arrest, he was found with over 136 pounds of marijuana, numerous handguns, and approximately $412,000 in cash. A co-conspirator cooperated with the government, leading to Davis's conviction.The United States District Court for the District of Connecticut sentenced Davis to 295 months’ imprisonment. Davis appealed, arguing that the evidence was insufficient to support his conviction for conspiracy to commit money laundering. He also raised ten additional arguments in pro se supplemental briefs, including claims of ineffective assistance of counsel and challenges to the sufficiency of the evidence for his other convictions.The United States Court of Appeals for the Second Circuit reviewed the case. The court concluded that the evidence at trial was sufficient to support Davis’s conviction for conspiracy to commit money laundering. The court found that the government provided ample circumstantial evidence linking the cash used in financial transactions to Davis's drug trafficking operations. The court also determined that Davis's pro se arguments either lacked merit, were forfeited, or were premature. Consequently, the Second Circuit affirmed the district court’s judgment. View "United States v. Davis" on Justia Law

The case involves Ryan M. Maher, who was convicted in the United States District Court for the Northern District of New York for receiving and possessing child pornography. Maher uploaded a digital file to his Google email account, which Google identified as containing child pornography based on a hash value match to a previously identified image. Google reported this to the National Center for Missing and Exploited Children (NCMEC), which forwarded the report to the New York State Police. Without obtaining a warrant, a police investigator opened and visually examined the file, confirming it contained child pornography.The district court denied Maher's motion to suppress the evidence obtained from the warrantless search, relying on the "private search" doctrine. The court held that Google's hash match search was sufficient to justify the police's warrantless visual examination of the file. Alternatively, the court ruled that the good faith exception to the exclusionary rule applied because the police reasonably believed no warrant was required.The United States Court of Appeals for the Second Circuit reviewed the case. The court agreed with Maher that the district court erred in applying the private search doctrine. The court held that Google's hash match did not justify the police's warrantless visual examination of the file, as it exceeded the scope of Google's search. However, the court affirmed the conviction based on the good faith exception to the exclusionary rule. The court concluded that at the time of the search, the police had a reasonable basis to believe that no warrant was required, given the existing legal precedents.Thus, the Second Circuit affirmed Maher's conviction, holding that while the warrantless search violated the Fourth Amendment, the good faith exception applied, preventing the suppression of the evidence. View "U.S. v. Maher" on Justia Law

State Farm Mutual Automobile Insurance Company and State Farm Fire and Casualty Insurance Company (collectively, “State Farm”) provide automobile insurance in New York and are required to reimburse individuals injured in automobile accidents for necessary health expenses under New York’s No-Fault Act. State Farm alleges that several health care providers and related entities engaged in a scheme to fraudulently obtain No-Fault benefits by providing unnecessary treatments and services, and then pursued baseless arbitrations and state-court proceedings to seek reimbursement for unpaid bills.The United States District Court for the Eastern District of New York granted State Farm’s motion for a preliminary injunction in part, enjoining the defendants from proceeding with pending arbitrations and from initiating new arbitrations and state-court proceedings, but denied an injunction of the pending state-court proceedings. The district court found that State Farm demonstrated irreparable harm due to the fragmented nature of the proceedings, which obscured the alleged fraud, and the risk of inconsistent judgments and preclusive effects.The United States Court of Appeals for the Second Circuit reviewed the case and affirmed the district court’s decision to grant the preliminary injunction in part. The appellate court held that the district court did not abuse its discretion in finding that State Farm demonstrated irreparable harm, serious questions going to the merits, a balance of hardships tipping in its favor, and that the injunction was in the public interest. The court also concluded that the Federal Arbitration Act did not bar the injunction of the arbitrations because the arbitrations would prevent State Farm from effectively vindicating its RICO claims.Additionally, the appellate court reversed the district court’s decision not to enjoin the pending state-court proceedings, finding that the Anti-Injunction Act’s “expressly-authorized” exception applied. The court determined that the state-court proceedings were part of a pattern of baseless, repetitive claims that furthered the alleged RICO violation, and that enjoining these proceedings was necessary to give RICO its intended scope. The case was remanded for further proceedings consistent with this opinion. View "State Farm Mutual v. Tri-Borough" on Justia Law