U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

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Martin Shkreli likely won't be remembered for committing securities fraud, even though he was just sentenced to seven years in a federal prison for exactly that. Not surprisingly, the public is celebrating his federal prison sentence. Naturally, he plans on appealing to the Second Circuit.

Shkreli rose to infamy when he, and his pharmaceutical company, made the decision to raise the price of a lifesaving drug by over 5,000 percent. Seemingly overnight Shkreli became the "pharma bro" and a household name to be hated. And Shkreli didn't seem to self-reflect or introspect, but rather doubled down on being obnoxious, and becoming more hated. However, despite the Shkreli persona we've all grown accustomed to hating, in court at his sentencing, he attempted to appear sympathetic without his characteristic smirk ... then he spoke.

Former Hedge Fund Exec Charged With Fraud in NY Federal Court

Michael Cohen, a former executive of a multi-billion dollar hedge fund, made a bad loan and a worse decision afterwards.

According to an indictment in New York, he conspired to commit investment adviser fraud and other crimes when the borrower couldn't repay the loan. It was a personal loan that didn't directly involve Och-Ziff Capital Management Group, which had already settled charges it bribed African officials for business.

But for Cohen, a rising star in the company, it was a meteoric decline from the days when he made enough money to buy himself a 900-acre estate in London. The good news for him is, he still lives there.

Court Affirms Child Porn Conviction Against Former Bank Executive

Charles Familetti, Jr. had serious problems before federal officers walked into his apartment.

Familetti was waiting for an 11-year-old boy to arrive and have sex with him. When an FBI task force showed up instead, Familetti had a panic attack.

They settled him down, said he could leave, but asked for his help finding people "who are raping children." Familetti agreed, and that's when his legal problems started in United States of America v. Familetti.

NY Flight Attendant Charged With Smuggling Large Sums of Cash

Jackie was smuggling money on flights for Ordell, but he was balking at her 15 percent "management" fee.

Manager's get 10 percent, Ordell said. "No, that's an agent," Jackie retorted. "Manager gets 15 percent."

Oh, you saw that movie? Maybe Scott McKinney saw it, too, because he got busted for smuggling money on commercial airlines. Only, McKinney's not getting a management fee. He's probably getting five years.

If you didn't hear about Earl O'Garro, the former insurance broker who swindled the City of Hartford, it might not come as much of a surprise to find out that his appeal was denied. However, even if you had been closely following the story, it still likely wouldn't come as much of a surprise that his Second Circuit appeal was denied.

O'Garro had sought a reversal of his conviction and a remand or retrial, as a result of an allegedly improper jury instructions, or, alternatively, due to ineffective assistance of counsel. Notably, the jury returned their verdict in an hour, finding O'Garro guilty of mail and wire fraud.

Court Rejects Hedge Funder Case Against U.S. Attorney

David Ganek, who ran a $4 billion hedge fund, would have you believe this is a day that will live in infamy.

With his lawsuit thrown out by a federal appeals court, Ganek appealed to the court of public opinion. He said government agents -- including former U.S. Attorney Preet Bahara -- lied to get a search warrant of his offices.

"This is a dangerous day for private citizens and a great day for ambitious, attention-seeking prosecutors who are now being rewarded with total immunity even when they lie and leak," Ganek said in a statement.

He was half right, anyway.

Court Throws Out 'Official Acts' Convictions for Ex-NY Senate Leader Skelos

Sometimes, you just have to count your lucky Skeloses.

Dean Skelos, former New York state Senate majority leader, and his son Adam Skelos have won a reprieve from their corruption convictions. The U.S. Second Circuit Court of Appeals said jury instructions in United States v. Skelos were faulty.

But for an intervening decision by the U.S. Supreme Court in an unrelated case, the Skeloses might be wishing upon a different star. They were each looking at six years in prison.

Fake Dead Sea Scrolls Writer Bound for Jail

It was enough to shake a lawyer's faith in God, if not the legal system.

Raphael Golb, a disbarred attorney, committed the heresy of challenging the origins of the Dead Sea Scrolls. He also faked emails to discredit scholars who said the Essenes, a Jewish sect, wrote the ancient scripture.

His evil plot failed, however, and hell soon followed. The U.S. Second Circuit Court of Appeals affirmed 10 counts against him for false impersonation in Golb v. Attorney General of the State of New York.

Federal Courts Have No Jurisdiction to Expunge Convictions

A federal district court in Brooklyn has no authority to expunge a valid conviction of a woman who said her arrest record had prevented her from securing a job as a health aide. The Second Circuit opinion did take sympathy on the woman and suggested that Congress should consider allowing federal judges to have the ability to erase old convictions.

Microsoft Doesn't Have to Turn Over Emails on Foreign Servers

The U.S. government cannot not legally compel Microsoft to hand over customer emails stored in Irish servers under the Stored Communications Act, the Second Circuit ruled yesterday. It's a major win for both tech and for privacy advocates.

It is believed that Microsoft is the first company to challenge a domestic search warrant over data held in another country, according to Reuters.