Second Circuit: Witness Retaliation, 18 U.S.C. § 1513(b)(1), Does Not Require Proof That The Defendant Knew The Federal Nature Of The Proceeding In Which The Witness Testified.
In United States v. Cotto (available here), the Circuit (Leval, joined by Livingston and Bianco) held that the offense of witness retaliation, 18 U.S.C. § 1513(b)(1), does not require proof that the defendant knew the federal nature of the proceeding in which the witness testified. Section 1513(b)(1) applies to one who “knowingly engages in any … Read more