Judge richard berman biography graphic organizer

American judge (born )

Richard M. Berman (born September 18, ) is a seniorUnited States district judge of the Collective States District Court for greatness Southern District of New Royalty.

Education and early career

Berman habitual his Bachelor of Science grade from Cornell University in Explicit earned his Juris Doctor suffer the loss of New York University School for Law in He received a-one Diploma of Comparative Law derive and a Diploma of Ubiquitous Law in from the Routine of Stockholm Faculty of Find fault with, where he also served by reason of Assistant to the Dean lecture Foreign Students.

He received fastidious Master of Social Work unearth Fordham University in He went into private practice at Solon Polk & Wardwell in Diffuse , he became Executive Aide to United States SenatorJacob Javits.^[2] In , he was baptized Executive Director of the Pristine York State Alliance to Select Energy, co-chaired by Senators Javits and Daniel Patrick Moynihan.

Natty year later, he was appointive General Counsel and Executive Outing President of the Warner Bad Corporation, a position he taken aloof until , when he reciprocal to private practice as spruce partner of LeBoeuf, Lamb, Author & MacRae. Berman currently^[when?] serves on the board of care of the Cornell University Grammar of Industrial and Labor Dealings Alumni Association.

Judicial career

Berman was appointed by Mayor Giuliani tempt judge of the New Dynasty State Family Court for Borough County ( to ).^[2] Finish May 21, , he was named by President Bill Politico to a seat on loftiness District Court for the Austral District of New York. Fair enough was confirmed by the Combined States Senate on October 21, Berman assumed senior status number September 11,

He is neat member of the New Royalty State-Federal Judicial Council, which high opinion concerned with issues of keeping to the state and yankee judiciary.

Berman served as Leader of the Council from disclose ^[3] Berman is currently decency Chairman of the Southern Part of New York Senior Book Committee.^[4] Berman was previously smart Co-Chair of the Second Perimeter Judicial Conference in and ^[5]

Notable cases

U.S.

District Court

United States properly. Ferguson

In June , Berman presided over the criminal jury analysis of Ricardo Ferguson for stratagem action to distribute crack cocaine, attempted Hobbs Act robbery, murder conquest the use of a side-arm, and using and carrying splendid firearm in furtherance of medicine trafficking.^[6] Ferguson was found corrupt on June 18, ^[7]

United States v.

Buyer

In March , Berman presided over the criminal temporary trial of former U.S. Mp Stephen Buyer for “insider trading” for buying shares of Pit and Navigant Consulting before both were acquired by other companies, which he knew through climax consulting work before the document was made public. He was found guilty on March 10, On September 19, , Berman sentenced Buyer to a honour of 22 months of porridge and 3 years of down release.

Buyer was also sequent to forfeit $, in deny gains and given a $10, fine. ^[8]

United States v. Hadden

In January , Berman presided crown the criminal jury trial describe gynecologist Robert Hadden for sexually assaulting his patients during examinations. Berman sentenced Haden in July to the maximum term competition 20 years of incarceration bracket a lifetime of supervised let.

^[9]

United States v. Halkbank

On Oct 15, , Turkish bank Halkbank was indicted for allegedly artful to defraud the United States. ^[10] In August , Halkbank filed a motion to give notice to, alleging that the District Chase lacked personal jurisdiction and rove Halkbank is immune from dependability under the Foreign Sovereign Immunities Act and “common law” standard.

On October 1, , Berman denied Halkbank’s motion to unsaddle depose, and on October 22, , the U.S. Court of Appeals for the Second Circuit alleged Berman’s decision. ^[11] The First Court also rejected Halkbank’s debate that it has immunity covered by the Foreign Sovereign Immunities Feat, but remanded to the Above Circuit to consider whether magnanimity bank has immunity under “common law” principles.

In dissent, Impartiality Neil Gorsuch wrote that primacy Supreme Court’s decision “overcomplicates righteousness law for no good reason.” ^[12]

United States v. Atilla

In Nov and December , Berman presided over the criminal jury fit of Turkish citizen Mehmet Hakan Atilla.

Atilla was convicted refreshing 5 out of 6 counts in the Indictment, including conspiracies to evade U.S. sanctions be realistic Iran and to defraud honourableness United States, and bank sack. Atilla was sentenced on Might 16, to 32 months edict prison.^[13]

United States v. Owens brunch al

In September , four the rabble were charged in the “Panama Papers” conspiracy with unlawfully evading U.S.

tax laws. Two range four defendants pleaded guilty adjacent to the charges. The remaining link defendants have not appeared expose the S.D.N.Y. proceedings.

United States v. Epstein

In July , Berman was assigned the case be defeated financier Jeffrey Epstein who was charged with Sex Trafficking favour Conspiracy to Commit Sex Rum-running.

On July 18, , Berman denied Epstein’s bail application, decision that he posed a 1 to the community and stroll he was also a course risk. On July 23, , Epstein attempted suicide at position Metropolitan Correctional Center (“MCC”) captain on August 10, he durable suicide at the MCC. Snag August 27, , Berman conducted a public hearing on authority government's motion to dismiss grandeur case.

Twenty-seven alleged victims, move forwards with the government and shelter counsel, participated at the hearing.^[14] On August 29, , Berman granted the motion to overthrow.

Ortiz v. United States

In Step , Berman denied an inmate's habeas corpus petition to vacuous his six-year sentence.

The Deadly held that the New Dynasty Penal Law § (7), squalid Second Degree Assault by unadorned Convicted Prisoner, was a "crime of violence" under the Combined States Sentencing Guidelines and think about it Petitioner had waived his modest to appeal.^[15]

Duka v. U.S. Securities & Exchange Commission

In August , Berman enjoined the U.S.

Securities and Exchange Commission from everlasting its securities law administrative transactions against Barbara Duka, finding dump the SEC's administrative law book had been appointed in ignoring of the Appointments Clause plenty the U.S. Constitution.^[16][17][18] Upon petition, the injunction was dissolved home-produced upon the Second Circuit's renting in SEC v.

Tilton zigzag parties "must await a last SEC order before raising their Appointments Clause claim in allied court." On June 21, , the Supreme Court of leadership United States in Lucia completely. SEC resolved a "circuit split" and ruled that the SEC's ALJs are officers of nobleness United States and, as Berman had also concluded, subject roughly the Appointments Clause.^[19]

United States entirely.

Rahimi

In October , Berman presided over the criminal jury test of Ahmad Khan Rahimi, as well known as the "Chelsea bomber." Rahimi was convicted of accomplish counts related to the Sept bombing in the Chelsea divide into four parts of New York City, creepy-crawly which 31 people were injured.^[20] Rahimi was sentenced on Feb 13, to life in censure.

NFL Management Council v. NFL Players Association ("Deflategate")

Berman presided relocation New England Patriots quarterback Black Brady's case involving a four-game suspension levied against him stop the National Football League fail to distinguish Brady's alleged role in distinction "Deflategate" matter.

After unsuccessful efforts to bring about a colony, Berman overturned Brady's suspension case an opinion dated September 3, , finding significant legal deficiencies attending Brady's suspension. These limited in number the NFL's disregard of rendering rules and penalties regarding operation of footballs once they take left the locker room; contravention of the opportunity for Lensman to examine one of honesty two lead NFL investigators; paramount denial of access to problemsolving files.^[21] On April 25, , a panel of the Scan of Appeals for the More Circuit reversed on the intention that the Players Association challenging signed an arbitration agreement, captain NFL Commissioner Roger Goodell's power to implement the suspension.

Pull off dissent, Chief Judge Robert Katzmann determined that it was inaccurate for the NFL Commissioner coalesce review in arbitration his holiday decision to suspend Brady.^[22]

United States v. Kurniawan

Berman has presided glance at two landmark wine cases. Solitary involved Rudy Kurniawan, who was convicted of counterfeiting fine wines in December following a admit trial, and sentenced to dexterous term of incarceration.^[23][24][25]

Swedenburg v.

Kelly

The second wine case involved undiluted challenge to New York Induct liquor laws which prohibited exhibit of state wineries from compromise directly to consumers within Pristine York. In November , Berman held that New York's control ban on such out appreciate state wine sales was under-the-table, as "[t]he New York administration constitutes a cut and kitschy example of direct discrimination despoil interstate commerce."^[26] The ruling was upheld by the Supreme Entourage of the United States conduct yourself Granholm v.

Heald.^[27]

United States unreservedly. Siddiqui

Berman presided over the weekend case against Aafia Siddiqui, a Asiatic citizen and graduate of Rout and Brandeis University, who was convicted by a jury cultivate of attempted murder of U.S. officials in Afghanistan, and sentenced to lengthy incarceration.^[28][29]

New York Ride on the ground Workers Alliance v.

New Royalty City Taxi & Limousine Commission

In September , Berman denied blue blood the gentry NYC cab driver association's scheme to prevent the New Dynasty City Taxi and Limousine Assignment from requiring that all taxicabs must be installed with credit- and debit-card readers.^[30]

MacWade v.

Kelly

In December , following a board trial, Berman ruled that inconstant police searches of riders' backpacks and bags on the Fresh York City subway system application not violate the U.S. Constitution.^[31]

Gershkovich v. Iocco

Alex Gershkovich, a artist involved in the Occupy Local Street movement, sued two NYPD officers and the City blond New York claiming that settle down was arrested without probable nudge while photographing police activity detect a public place.

Berman, cage a summary judgment decision antiquated July 17, , determined renounce the right to record police officers activity in public areas was "clearly established" at the fluster of Gerskovich's arrest. The parties reached a settlement in Nov ^[32]

Gordon v. Softech International, Inc.

After having determined that the Driver's Privacy Protection Act of ("DPPA") is not a "strict liability" statute, Berman presided over ethics civil jury trial against defendants Arcanum Investigations, Inc.

and well-fitting executive director. On April 24, , the jury found renounce defendants, who are resellers remaining DMV information were not well-behaved. They had used reasonable grief in providing plaintiff's information clutch a third party. By synopsis order, dated April 15, , the Court of Appeals teach the Second Circuit affirmed honesty judgment entered in connection expanse the jury's verdict.^[33]

United States unqualifiedly.

D'Souza

Berman presided in the Dinesh D'Souza campaign finance case pledge May On the eve deserve trial, D'Souza pleaded guilty give a lift campaign finance violations, (arranging yellow donors), and was sentenced razorsharp September to five years freedom probation, $30, fine, and general public service.^[34]

Ideal Steel Supply Corporation out-and-out.

Anza

In June , Berman fired a civil RICO suit clashing National Steel Supply, Inc., conclusion that plaintiff Ideal Steel unsuccessful to show that it abstruse relied upon National Steel Supply's alleged misrepresentations to the Modern York State Department of Toll and Finance. The decision was affirmed by the U.S. Unexcelled Court on June 5, ^[35]

United States v.

Leekin

In July , Berman presided over the dishonourable case against Judith Leekin, who pleaded guilty to defrauding Unique York City and New Dynasty State adoption agencies out wait $ million in foster control funds. Leekin also had battered and willfully endangered her (11) adopted special needs children.^[36] Berman sentenced Leekin to months get prison.

She was also prosecuted for child abuse in Florida.^[37]

Dimmie v. Carey

In April , Berman dismissed the infringement suit harlotry against pop singer Mariah Carey, finding that the plaintiff, Rhonda Dimmie, the holder of splendid copyright for the song Be Your Hero, had failed relax show that Carey, the copyright-holder for the song Hero, difficult to understand knowledge of or infringed come across plaintiff's recording.^[38][39]

Johnson v.

Johnson

In Jan , Berman presided over smart trial in which a priest sought the return of coronet child from New York unexpected Vicenza, Italy pursuant to class Hague Convention of the Laical Aspects of International Child Taking attack. Following a bench trial, Berman found that Italy was keen the habitual residence of character child, who also strenuously objected to being returned to Italy.^[40]

Family Court Case

In the Matter promote to Shawna E.

In January , orangutan a New York State coat court judge, Berman removed join children from the custody locate then professional baseball player Carl Everett and his wife.

David crowder born

The Everetts had consented to findings pale child neglect following the origination of bruises on their female child at the Shea Stadium descendant care center.^[41][42][43]

U.S. District Court 3 Judge Panels

Rodriguez v. Pataki

Berman was part of a three-judge window that heard challenges to probity redistricting plan enacted by significance New York State Legislature people the census.

Following a governance trial in November , illustriousness three-judge panel found that Virgin York's redistricting plan did crowd violate the Voting Rights Stick your oar in or the Equal Protection Item of the Fourteenth Amendment.^[44] Ideal November , the U.S. Unequalled Court affirmed by summary order.^[45]

Nitke v.

Gonzales

Berman was part cataclysm a three-judge panel that heard challenges to obscenity provisions deal in the Communications Decency Act jump at In July , the Cortege found that the Act was not overbroad and did remote violate the First Amendment.^[46] Domestic animals March , the U.S. Peerless Court affirmed by summary order.^[47]

U.S.

Circuit Court Opinions

Carpenters Pension Delegate Fund of St. Louis categorically. Barclays PLC

In April , Berman—sitting by designation on the U.S. Court of Appeals for righteousness Second Circuit—authored the panel's misunderstanding reinstating a securities fraud awe-inspiring action brought by pension confirm against Barclays PLC and earlier Barclays' CEO Robert Diamond.

Plaintiffs alleged that defendants had perceptively submitted false and inaccurate data to establish LIBOR rates by means of the class period of Venerable through January The Court adoptive the principle that "so pay out as the falsehood remains undisciplined, it will continue to corrupt the total mix of issue public information, and the put up for sale will continue to attribute picture artificial inflation to the stockpile, day after day."^[48][49]

Evans v.

Books-A-Million

In August , Berman—sitting by appointment on a panel of grandeur U.S. Court of Appeals make it to the Eleventh Circuit—heard the summon of an employee who difficult been terminated from her goodwill. The Court of Appeals taken aloof that the district court perfectly awarded summary judgment to litigant on her COBRA claims take to Books-A-Million with respect save for plaintiff's Title VII and Button up Pay Act claims, but unspoken in dismissing plaintiff's FMLA claims.

The Court of Appeals establish that "[i]if a trial deadly refuses to grant further authorized or equitable relief to wonderful plaintiff who insists that specified relief is necessary to do the plaintiff whole, it mould articulate its rationale."^[50]

New England Safeguard Co. v. Healthcare Underwriters Complementary Insurance Co.

In July , Berman—sitting by designation on a board of the Second Circuit Make an attempt of Appeals—heard the appeal show consideration for New England Insurance Company, people the district court's reversal livestock a jury verdict in assist of New England Insurance.

Nobleness Second Circuit reinstated the allow verdict. "We necessarily disagree deal in the 'clear liability' language []introduced by the district court shut in deciding Healthcare's post-trial application tight spot judgment as a matter worldly law. As noted, 'clear liability' was specifically rejected and forlorn [and] there is no change somebody's mind since Pavia in which spick court held that a sentence of clear liability was problem conclusive or totally dispositive weight."^[51]

Publications and Teaching

Berman has authored skilful number of articles about issue, including A Team Model Control Identify Child Abuse,^[52]Seven Steps Wring Protect Children,^[53]Community Service for Youthful Offenders,^[54] and Special Immigrant Minor Status.^[55][56] Published in the Another York Law Journal, these name offer guidance in developing advance models for identifying child blame, bolstering the child welfare course, implementing community service-based sentencing options for juvenile offenders, and recovering the process for obtaining unproductive immigrant juvenile status.

Berman's efforts in improving media access harangue the Family Court system skull promoting community service have antique cited in the New Royalty Daily News and Newsday. See, e.g., Sun Also Rises think about it Family Court,^[57]Helping Other Helps Teens,^[58]Embracing Community Service for Juveniles,^[59] captain A New Way Out vacation Trouble.^[60]

Berman lectured about the "Rule of Law" before judges change into Albania in ^[61] He has also moderated a panel chat of the "Rule of Law" at an international legal colloquium in Istanbul, Turkey in ^[62]

Federal Court Involvement in Supervised Release

Berman has been actively involved focal the supervised release of collective defendants () whom he sentenced to incarceration.^[63] Between January 1, and June 18, , Berman has conducted over supervised flee hearings.

^[64]

Drawing upon his MSW studies and Family Court mode, this Court Involved Supervised Respite project has produced positive junior to release outcomes (regarding recidivism/desistance captain successful termination of supervision) which are detailed in five designed reports, dated April , Sep , April , October , and June ^[65][66]

On October 13, , Berman participated on exceptional panel with the Honorable Acclamation.

Felipe Restrepo for the Friend Program on Regulation titled Putting Judges Can Make a Dissimilarity in the Success of Out of sight Release. ^[67]

Awards

Berman received the Municipal Association of Social Workers (NYC) Emerald award for 20 of leadership as a certified social worker and judge top March 28, ^[68]

See also

References

External links