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Honest Services Fraud

Second Circuit Affirms Honest Services Fraud Conviction Amidst Doubt About The Future Viability Of Honest Services Fraud

Does the act of paying money to a party official to allow a candidate merely to run for public office constitute bribery?  And does a party official owe a “fiduciary duty” to his party to open its ticket to candidates...
May 3, 2016
Sentencing

New or Changed Circumstances Not Necessary for Modifying Conditions of Supervised Release

In United States v. Parisi, 15-963 (May 3, 2016) (RAK, RDS, RJL), the Court issued a per curiam order affirming changes to the Defendant’s conditions of supervised release ordered by the United States District Court for the Northern District of...
May 3, 2016
Sentencing

Where The Full Record Indicates a Plea is Voluntary, Rule 11 Omissions Will Not Lead to Vacatur

In United States v. Pattee, 14-32163-cr (April 21, 2016) (GC, GEL, RJL), the Court affirmed a judgment of conviction and sentence entered in the United States District Court for the Western District of New York (Frank P. Geraci, Jr., C.J.). ...
April 22, 2016
Trials and Evidentiary Rulings

The Second Circuit Affirms the Convictions of the “Madoff Five” in a 29-page Summary Order

In United States v. Bonventre, 14-4714-cr (April. 20, 2016) (JMW, RR, CFD), the Court affirmed by summary order the convictions of five former employees of Bernard L. Madoff Investment Securities (the “Appellants”) convicted in the Southern District of New York...
April 21, 2016

Page 8 of 8

About Our Blog

The Second Circuit Criminal Law Blog is your place to follow the criminal law decisions rendered by the U.S. Court of Appeals for the Second Circuit. With a rich 225-year history of legendary judges like Learned Hand and Henry Friendly, the Second Circuit has long been known for writing important and thoughtful opinions on many subjects, including the criminal law. We review every published criminal law opinion handed down by the Second Circuit in order to provide you with a summary of the holding, an assessment of the key legal issues, and practice pointers based on the Court’s ruling. Our focus is on white-collar criminal cases and matters relating to internal investigations. Our blog is written by a team of experienced attorneys, including many former law clerks for the Second Circuit and other federal courts. The blog’s editor in chief is a former Deputy Chief Appellate Attorney in the U.S. Attorney’s Office for the Southern District of New York who has appeared in more than 100 Second Circuit criminal appeals.

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Editor in Chief

  • Contact Harry Sandick.

    Harry Sandick

    212.336.2723

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Blog Contributors

  • Contact Anna Cox.

    Anna Cox

    212.336.2027

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  • Contact Emma Ellman-Golan.

    Emma Ellman-Golan

    212.336.2214

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  • Contact Daniel Feder.

    Daniel Feder

    212.336.2236

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  • Contact Joshua Kipnees.

    Joshua Kipnees

    212.336.2838

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  • Contact Ryan J. Kurtz.

    Ryan J. Kurtz

    212.336.2405

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  • Contact Jane Metcalf.

    Jane Metcalf

    212.336.2152

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  • Contact Hilarie Meyers.

    Hilarie Meyers

    212.336.2324

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  • Contact Madeline More Lane.

    Madeline More Lane

    212.336.2292

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  • Contact Clinton W. Morrison.

    Clinton W. Morrison

    212.336.2546

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  • Contact Maggie O'Neil.

    Maggie O'Neil

    212.336.2227

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  • Contact Faust Petkovich.

    Faust Petkovich

    212.336.2306

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  • Contact Anna Petrocelli.

    Anna Petrocelli

    212.336.2285

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  • Contact Harry Sandick.

    Harry Sandick

    212.336.2723

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  • Contact Nicole Scully.

    Nicole Scully

    212.336.2666

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  • Contact Jason Vitullo.

    Jason Vitullo

    212.336.2189

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  • Contact Caitlyn Wigler.

    Caitlyn Wigler

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Firm Highlights

Firm News
Firm Secures Preliminary Injunction on Behalf of Eli Lilly in Prescription Rebate Fraud Litigation
On June 9, 2026, Patterson Belknap secured a preliminary injunction on behalf of the firm's client, Eli Lilly and Co. ("Eli Lilly"), in a litigation alleging that the defendants caused Eli Lilly to pay more than $200 million in fraudulent rebates.  The suit was brought against DrugPlace, Inc. ("DrugPlace") and several related entities and individuals in May 2026, alleging that the defendants claimed to have provided prescription drug coverage for tens of thousands of members of two national churches, but in fact neither the healthcare plans nor the patients existed. The U.S. District Court for the Southern District of Florida granted Eli Lilly's preliminary injunction, as agreed upon by DrugPlace and its related entities. The ruling restricts defendants from submitting rebate claims...
Publication
Insider Trading Safeguards Can Mitigate Sports Betting Risk
From sports betting to prediction markets, the phenomenon some call "the casino-ification of America" has captured the American zeitgeist. Sports betting in particular has become ubiquitous since the U.S. Supreme Court's 2018 decision in Murphy v. NCAA, which opened the door for states to legalize sports gambling. Fans can now regularly bet on games and player performances directly from their smartphones. And, as several recent criminal indictments have alleged, some bettors are capitalizing on their access to inside information to obtain an unfair advantage on their wagers. This article will discuss how, because sports-related inside information continues to become more valuable, organizations including professional sports leagues, governing bodies, college athletic conferences, athletic departments and teams are playing an increasingly prominent role in...
Blog Post
Retention of Bankruptcy Professionals: Court Concludes that a Debtor’s First Cousin is Not a “Relative” and Thus Not an “Insider”
A professional seeking to represent a debtor under Bankruptcy Code section 327(a) must not hold an interest adverse to the bankruptcy estate and must be disinterested.   A debtor’s insiders often cannot satisfy these tests. The Bankruptcy Code defines “insider” to include a “relative” of the debtor. And a “relative” is someone related to the debtor “within the third degree as determined by the common law." What does this latter phrase mean and how is it applied? In a recent case, a chapter 11 debtor sought to employ an accounting firm under section 327(a). The principal of the accounting firm was the first cousin of the owner of the debtor corporation. The U.S. Trustee objected to the retention, arguing that the debtor’s cousin was an...
Publication
New Executive Order Regarding IRA Enhancements
Introduction On April 30, 2026, President Trump signed an Executive Order (the “Order”) designed to expand access to retirement savings for the tens of millions of American workers who currently lack employer-sponsored retirement plans, including many small-business employees, part-time workers, independent contractors, and self-employed individuals facing barriers to saving for retirement. The Order is designed to complement the Federal Saver's Match enacted under the SECURE 2.0 Act, which provides eligible workers with a federal matching contribution of up to $1,000 for retirement savings, and to promote high-quality, low-cost individual retirement account (“IRA”) access. Key Provisions and Implications The Order directs the Secretary of the Treasury (the “Secretary”) to establish, by January 1, 2027, an informational website (TrumpIRA.gov) that will serve as a...
Blog Post
Rest Assured: Pillow Design Patent Survives Inventorship and Invalidity Challenges
On June 7, 2026, District Judge Brian Cogan (E.D.N.Y.) granted Plaintiff Hit Notion LLC’s (Hit Notion’s) summary judgment motion on patent inventorship, on-sale bar, and obviousness, denying a summary judgment motion by Defendant Digitalprints USA Corporation d/b/a Cheer Collection (Cheer Collection) for invalidity based on similar issues and indefiniteness. Hit Notion LLC v. Digitalprints USA Corp., No. 24-cv-7986, 2026 BL 219173 (E.D.N.Y. June 7, 2026). This dispute arose in March 2017 when the parties, both pillow retailers, requested custom pillow designs from the same Chinese pillow manufacturer, MJ Textile. MJ Textile sent the same photo of a sample pillow to both parties, and the parties unknowingly purchased and began selling similar pillows. Id. at *1-2. Hit Notion filed a patent application for...
Firm News
Firm Recognized With Top-Tier Rankings in The Legal 500 2026
Patterson Belknap is proud to announce that the firm has been recognized in The Legal 500’s United States guide as well as in its New York Elite and Private Client guides.    The following firm practices were recognized by The Legal 500: Advertising and Marketing: Litigation – United States Art and Cultural Property – Private Client Cybersecurity and Data Protection – New York Elite Dispute Resolution: Corporate Investigations and White-Collar Criminal Defense – United States Not-For-Profit: Fortune 1000 Private Foundations, National Trade Associations, and Charities – United States In addition, the following firm attorneys received recognition: Anne-Laure Alléhaut in Art and Cultural Property – Private Client H. Gregory Baker in Dispute Resolution: Corporate Investigations and White-Collar Criminal Defense – United States Michael F. Buchanan in Dispute Resolution: Corporate Investigations and...
Event
Julie Simeone to Speak on Trade Secrets Panel
On Monday, June 29, Partner Julie Simeone will speak on a World Services Group webinar titled "The Invisible Asset: Trade Secrets in US and Canada." Ms. Simeone will join Chantal Desjardins (Partner and Trademark Agent, Lavery) and James Duffy (Patent Agent and Senior Associate, Lavery) for a practical panel on trade secret protection enforcement examining how businesses identify and safeguard confidential information across the commercial lifecycle. To learn more, please click here.
Event
Clint Morrison to Speak at New York City Bar Association's 2026 Artificial Intelligence Conference
On Thursday, June 18, Partner Clint Morrison will speak at the New York City Bar Association's 2026 Artificial Intelligence Conference, a program designed to equip attorneys and practitioners with a practical understanding of the most pressing issues affecting legal practice. Mr. Morrison will join Jerome Walker (Task Force Co-Chair and Partner, Jerome Walker PLLC), Azish Filabi (Executive Director, American College Cary M. Maguire Center for Ethics in Financial Services), and Tanner Mathison (Corporate Counsel, AI, Amazon) for a session titled "Practice Tips for Lawyers and Courts Addressing Artificial Intelligence Personhood." To learn more, please click here.
Blog Post
Bankruptcy Court Denies Motions to Convert Case and to Appoint an Examiner
A bankruptcy judge has ruled that a debtor can satisfy the Bankruptcy Code’s rehabilitation standard by selling its assets as a going concern and thereby avoid conversion from chapter 11 to chapter 7. In the same decision, the court denied a motion seeking the appointment of what the movants called an “examiner with expanded powers.” In re Deqser, LLC, Case No. 25-10687, 2026 Bankr. LEXIS 1004 (Bankr. D. Del. Apr. 22, 2026). The debtors operated a laundry business that serviced hotels located in New York City. The business suffered a downturn following an electrical fire at its facility as well as problems with its software. The debtors filed chapter 11 in early 2025. During their case, the debtors lost about $200,000 a...
Publication
Employment Law Compliance for Start-Ups
Before you press "go" to launch your next business idea, as a founder and entrepreneur of a start-up company you should address an important (if uninspiring) step: employment law compliance. Complacency now can turn into an expensive distraction later, with the potential to create surprise liabilities and maybe even scuttle future deals. This alert flags core employment law issues every start-up should tackle now so they don't snowball later. Onboarding Compliance Checklist Before work can begin, employers must check an ever-growing number of compliance boxes: Register to Do Business: Register your company in each state where you have employees (e.g., the local departments of tax, labor, state, etc.). Workers' Compensation and Unemployment Insurance: Obtain both in each state where you have employees. New Hire Reporting:...
Firm News
Firm Secures Preliminary Injunction on Behalf of Eli Lilly in Prescription Rebate Fraud Litigation
On June 9, 2026, Patterson Belknap secured a preliminary injunction on behalf of the firm's client, Eli Lilly and Co. ("Eli Lilly"), in a litigation alleging that the defendants caused Eli Lilly to pay more than $200 million in fraudulent rebates.  The suit was brought against DrugPlace, Inc. ("DrugPlace") and several related entities and individuals in May 2026, alleging that the defendants claimed to have provided prescription drug coverage for tens of thousands of members of two national churches, but in fact neither the healthcare plans nor the patients existed. The U.S. District Court for the Southern District of Florida granted Eli Lilly's preliminary injunction, as agreed upon by DrugPlace and its related entities. The ruling restricts defendants from submitting rebate claims...
Publication
Insider Trading Safeguards Can Mitigate Sports Betting Risk
From sports betting to prediction markets, the phenomenon some call "the casino-ification of America" has captured the American zeitgeist. Sports betting in particular has become ubiquitous since the U.S. Supreme Court's 2018 decision in Murphy v. NCAA, which opened the door for states to legalize sports gambling. Fans can now regularly bet on games and player performances directly from their smartphones. And, as several recent criminal indictments have alleged, some bettors are capitalizing on their access to inside information to obtain an unfair advantage on their wagers. This article will discuss how, because sports-related inside information continues to become more valuable, organizations including professional sports leagues, governing bodies, college athletic conferences, athletic departments and teams are playing an increasingly prominent role in...
Blog Post
Retention of Bankruptcy Professionals: Court Concludes that a Debtor’s First Cousin is Not a “Relative” and Thus Not an “Insider”
A professional seeking to represent a debtor under Bankruptcy Code section 327(a) must not hold an interest adverse to the bankruptcy estate and must be disinterested.   A debtor’s insiders often cannot satisfy these tests. The Bankruptcy Code defines “insider” to include a “relative” of the debtor. And a “relative” is someone related to the debtor “within the third degree as determined by the common law." What does this latter phrase mean and how is it applied? In a recent case, a chapter 11 debtor sought to employ an accounting firm under section 327(a). The principal of the accounting firm was the first cousin of the owner of the debtor corporation. The U.S. Trustee objected to the retention, arguing that the debtor’s cousin was an...
Publication
New Executive Order Regarding IRA Enhancements
Introduction On April 30, 2026, President Trump signed an Executive Order (the “Order”) designed to expand access to retirement savings for the tens of millions of American workers who currently lack employer-sponsored retirement plans, including many small-business employees, part-time workers, independent contractors, and self-employed individuals facing barriers to saving for retirement. The Order is designed to complement the Federal Saver's Match enacted under the SECURE 2.0 Act, which provides eligible workers with a federal matching contribution of up to $1,000 for retirement savings, and to promote high-quality, low-cost individual retirement account (“IRA”) access. Key Provisions and Implications The Order directs the Secretary of the Treasury (the “Secretary”) to establish, by January 1, 2027, an informational website (TrumpIRA.gov) that will serve as a...
Blog Post
Rest Assured: Pillow Design Patent Survives Inventorship and Invalidity Challenges
On June 7, 2026, District Judge Brian Cogan (E.D.N.Y.) granted Plaintiff Hit Notion LLC’s (Hit Notion’s) summary judgment motion on patent inventorship, on-sale bar, and obviousness, denying a summary judgment motion by Defendant Digitalprints USA Corporation d/b/a Cheer Collection (Cheer Collection) for invalidity based on similar issues and indefiniteness. Hit Notion LLC v. Digitalprints USA Corp., No. 24-cv-7986, 2026 BL 219173 (E.D.N.Y. June 7, 2026). This dispute arose in March 2017 when the parties, both pillow retailers, requested custom pillow designs from the same Chinese pillow manufacturer, MJ Textile. MJ Textile sent the same photo of a sample pillow to both parties, and the parties unknowingly purchased and began selling similar pillows. Id. at *1-2. Hit Notion filed a patent application for...
Firm News
Firm Recognized With Top-Tier Rankings in The Legal 500 2026
Patterson Belknap is proud to announce that the firm has been recognized in The Legal 500’s United States guide as well as in its New York Elite and Private Client guides.    The following firm practices were recognized by The Legal 500: Advertising and Marketing: Litigation – United States Art and Cultural Property – Private Client Cybersecurity and Data Protection – New York Elite Dispute Resolution: Corporate Investigations and White-Collar Criminal Defense – United States Not-For-Profit: Fortune 1000 Private Foundations, National Trade Associations, and Charities – United States In addition, the following firm attorneys received recognition: Anne-Laure Alléhaut in Art and Cultural Property – Private Client H. Gregory Baker in Dispute Resolution: Corporate Investigations and White-Collar Criminal Defense – United States Michael F. Buchanan in Dispute Resolution: Corporate Investigations and...
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