Federal Defenders of New York Second Circuit Blog

bribery

Circuit overturns Nassau County Executive’s bribery convictions, but affirms his honest-services fraud convictions

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In United States v. Linda Mangano and Edward Mangano, 2d Cir. No. 22-861 (L) (Feb. 13, 2025), the Court upheld the defendants’ convictions for honest-services fraud and obstruction of justice, but vacates Edward Mangano’s bribery-related convictions. We focus on that aspect of Judge Livingston’s thorough opinion. Edward Mangano was the County Executive of Nassau County … Read more

Scheme to Bribe Basketball Coaches Fouls Out.

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In United States v. Dawkins, No. 19-3623(L) (2d Cir. June 4, 2021) (Raggi, Sullivan, and Nardini), the Circuit affirmed the defendants’ convictions arising from a scheme to bribe college basketball coaches, in violation of 18 U.S.C. § 666(a)(2). As relevant, Section 666 makes it a crime to bribe “an agent of an organization … in connection with any … Read more

Circuit affirms convictions of Dean and Adam Skelos, concluding than a McDonnell error in the court’s charge to the jury was harmless beyond a reasonable doubt.

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In United States v. Dean Skelos and Adam Skelos, 2d Cir. Nos. 18-3421 & 18-3442 (Feb. 23, 2021), a panel of the Court (Walker, Sack, and Carney) affirms the Skeloses’ convictions, following a 2018 retrial, for various public-corruption and bribery related offenses (Dean Skelos was the Majority Leader of the New York State Senate and … Read more

Second Circuit rejects application of the categorical approach for determining an “offense against property” under the MVRA.

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In United States v. Razzouk, No. 18-1395 (2d Cir. Jan. 4, 2021), the Second Circuit, in an opinion by Judge Carney, joined by Judge Walker and District Judge Koeltl, held that in determining whether a conviction is for an “offense against property,” such that restitution is required under the Mandatory Victims Restitution Act (“MVRA”), 18 … Read more

Federal law barring false voter registrations applies to town election because New York’s “unitary registration scheme” allows a falsely registered voter to vote in future federal elections. And the Travel Act’s bar on “bribery” is not limited to acts involving public officials (as payees) and encompasses a New York law barring payments to voters.

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In United States v. Smilowitz, 2d Cir. No. 19-361 (Sep. 8, 2020), a panel of the Court (Walker, Parker, and Carney) ruled that the defendant’s conduct of falsely registering voters for a town election, and of offering payment to voters for their votes in that election, fell within the reach of the federal election law, … Read more

District court erred in relying on uncharged conduct to select the applicable Guideline provision, and the error is not harmless despite the court’s claim that it would have imposed the same sentence under the correct Guideline.

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In United States v. Huberfeld, 2d Cir. No. 19-436 (L), the Court (opinion by Judge Pooler, joined by Judges Lynch and Menashi) vacated both a 30-month sentence and a $19 million order of restitution for basically the same reason – the district court erred in relying on uncharged criminal conduct, beyond and broader than what … Read more

Supreme Court Rejects Double Jeopardy Claim

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On Tuesday, in Bravo-Fernandez v. United States, the Court decided that, when a jury has returned inconsistent verdicts in a multi-count criminal case—acquittals on some counts but a conviction on another—and the conviction is subsequently vacated on appeal because of erroneous jury instructions, the double jeopardy clause does not preclude the government from retrying the … Read more

Bribery Convictions Affirmed Notwithstanding McDonnell Error

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In United States v. Vincent Tabone and Malcolm Smith, Docket Nos. 15-2351 (L) & 15-2433 (Con), the Court (Newman, Lynch & Droney) in a summary order affirmed the convictions of both defendants, thus concluding (at least at the Circuit level) the saga of Democrat Malcolm Smith’s attempt to run for Mayor of New York City … Read more