Monday, March 5, 2007

Attorney Loses in Second Circuit on Forgery Case

The Second Circuit Court of Appeals affirmed the convictions of an attorney for "one count of corruptly obstructing a judicial proceeding, in violation of 18 U.S.C. § 1512(c)(2), one count of forging a judge’s signature, in violation of 18 U.S.C. § 505, and one count of making a false statement to a federal officer, in violation of 18 U.S.C. § 1001(a)(2), in connection with his fabrication of a court order."

The appeal presented five arguments:

"(1) that there was insufficient evidence to establish that his conduct would have the 'natural and probable effect' of obstructing the lawsuit, such that a conviction for obstruction of justice under 18 U.S.C. § 1512(c)(2) was inappropriate;  (2) that the jury should have been instructed to find, and evidence was required to establish, an intent to defraud under 18 U.S.C. § 505; (3) that it was error to permit the government to crossexamine Reich’s character witness by asking about an allegedly 'private' unauthorized change to his law partner’s life insurance policy; (4) that there was insufficient evidence to establish that he made a false statement to a government agent; and (5) that the district court improperly applied a 'special skills enhancement' in calculating Reich’s sentence under the United States Sentencing Guidelines Manual ('U.S.S.G.' or 'Guidelines')."

See also Law.com.

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2007/03/attorney_loses_.html

Prosecutions | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef00d83575b52e69e2

Listed below are links to weblogs that reference Attorney Loses in Second Circuit on Forgery Case:

Comments

Post a comment