Archive | plea withdrawal

Thursday, July 7th, 2016

Second Circuit Updates – July 7, 2016

Pre-2009 Bank Fraud Convictions Vacated Where Evidence Showed Only that Defendant Intended to Defraud a Non-Federally Insured Mortgage Lender

In United States v. Michael Bouchard, Docket No. 14-4156-cr, the Circuit (Parker, Lynch, Lohier) in an opinion by Judge Lohier vacated on sufficiency grounds three bank-fraud related convictions, based on conduct occurring between 2001 to 2007, because the Government proved only that defendant Bouchard intended to defraud a mortgage lender (BNC Mortgage) that was not a federally insured financial institution. This was the case even though BNC was a wholly owned subsidiary of Lehman Brothers, a federally insured financial institution, since the Government concedes that “there was no evidence that Bouchard specifically intended to defraud Lehman Brothers or was even aware of Lehman Brothers’ role in the transactions involving BNC.” Op. 16. In so concluding based on Circuit precedent holding that “the Government must show that a defendant intended to …

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Categories: bank fraud, plea withdrawal, right to counsel

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Sunday, October 11th, 2009

Plea Circus

United States v. Carreto, No. 06-2295-cr (2d Cir. October 8, 2009)(Parker, Livingson, CJJ, Chin, DJ)

Three defendants were charged with various offenses relating to a scheme in which young women were smuggled into the United States from Mexico and forced to engage in prostitution. Soon after they were indicted, the government offered a “global” plea agreement with a February 18, 2005, deadline. Two days before the deadline, the district court had a conference to address whether the defendants would accept the plea. At that point, they were still undecided. The next day, the defendants rejected the offer and the government revoked it. The court set an April trial date.

On the scheduled date, the court selected and empaneled a jury. Just as the trial was about to commence, however, the defendants indicated that they were ready to plead guilty to the entire indictment without an agreement. The court closely examined …

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Categories: plea withdrawal, Uncategorized

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