Wednesday, 21 November, 2018

Former New York State Assembly speaker Sheldon Silver's conviction is overturned

Conviction of former Assembly Speaker Sheldon Silver overturned Breaking: Appeals Court Overturns Sheldon Silver's Conviction on Corruption Charges
Carol Daniels | 14 July, 2017, 00:48

In its ruling, a panel of judges for the Second U.S. Circuit Court of Appeals in NY said the Supreme Court's decision in the case of former Virginia Gov. On May 3, 2016, federal judge Valerie E. Caproni of the United States District Court for the Southern District of NY sentenced Silver to 12 years in jail, and ordered him to pay $5.3 million in ill-gotten gains and $1.75 million in additional fines.

Since just about every conviction Silver was nailed for depended on whether he took an "official act", the Second Circuit suggested prosecutors needed to start over.

Silver, a Democrat who represented the Lower East Side in the assembly for almost four decades, had been convicted on seven counts of bribery and corruption last May.

"While we are disappointed by the Second Circuit's decision, we respect it, and look forward to retrying the case", Kim said in a written statement.

In the Supreme Court decision, the justices redefined an "official act" by an office holder that can be the "quo" in an illegal quid pro quo - and ruled that criminal acts must be concrete, rather than actions arranging a meeting or making a phone call.

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A federal appeals court this morning overturned former Lower East Side Assemblyman Sheldon Silver's 2015 conviction on federal corruption charges.

"Although it will be delayed, we do not expect justice to be denied", he added. He also took actions, such as casting favorable votes, to benefit real estate developers that gave business to a law firm that then sent Silver kickbacks, prosecutors said.

"The evidence was strong", Preet Bharara, the former United States attorney who brought the case, tweeted Thursday. That narrower definition was established in a Supreme Court decision handed down after Silver was sentenced. Overturning Mr. Silver's conviction based on the Judge's instructions to the jury, which occurred before the McDonnell ruling, does not redefine the facts in evidence.

Prosecutors will face one of their first major tests in the case against Sen. Menendez is accused of helping a Florida ophthalmologist with government business in exchange for campaign contributions and posh getaways. Or to use his or her position to "exert pressure on another official to perform an official act". "Silver's activities were, they don't meet the definition of a crime", he said.

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