Justia Criminal Law Opinion Summaries

Defendants Binday, Kergil, and Resnick, insurance brokers, appealed their convictions stemming from their involvement in an insurance fraud scheme where they induced insurers to issue life insurance policies that defendants sold to third‐party investors, by submitting fraudulent applications indicating that the policies were for the applicants’ personal estate planning. The court concluded that there was sufficient evidence that defendants contemplated a cognizable harm under the mail and wire fraud statutes; the indictment was not constructively amended because the allegations in the indictment and the government’s proof at trial substantially correspond; and some aspects of the defendants’ challenge to the jury instruction are waived, while the remainder fail on the merits. The court rejected defendants' remaining challenges to their sentences and to the obstruction of justice convictions. The court affirmed the judgment. View "United States v. Binday" on Justia Law

Plaintiff filed suit under 42 U.S.C. 1983, alleging claims of false arrest, retaliatory arrest, and use of excessive force. The district court dismissed the complaint. The court concluded that the complaint was properly dismissed to the extent that it alleged claims of false arrest and retaliatory arrest, and that the pleaded claim for use of excessive force must be remanded for further proceedings, despite the district court’s justifiable misunderstanding that this claim was either not pleaded or not being pursued. View "Shamir v. City of New York" on Justia Law