Latest 3 Cases: Vera v. Banco Bilbao Vizcaya Argentaria, S.A. (Civil Procedure), United States v. Blaszczak (Criminal Law), United States v. ...

Man’s Best Captive

SHERRY F. COLB

Cornell law professor Sherry F. Colb considers whether an explanation for the affection dogs express for their humans might be explained by the Stockholm Syndrome, the condition that afflicts many kidnapped people and other abuse victims in which they form an attachment, sometimes called a trauma bond, that manifests as seeking the abuser’s approval and craving closeness rather than trying to escape. Colb argues that even though pet owners might not intend abuse, the unpredictable repetition of house arrest and silent treatment, followed by intermittent returns, might amount to abuse in the minds of these animals we hold as pets.

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Vera v. Banco Bilbao Vizcaya Argentaria, S.A.

Docket: 18-2345

Opinion Date: December 30, 2019

Judge: Susan Laura Carney

Areas of Law: Civil Procedure, International Law

BBVA appealed the district court's judgment entered following the Second Circuit's mandate in Vera v. Banco Bilbao Vizcaya Argentaria, S.A., 729 Fed. App'x 106 (2d Cir. 2018). The judgment rendered final several of its previous orders requiring BBVA to turn over funds to petitioners from a blocked electronic fund transfer originated by the Cuban Import‐Export Corporation, an instrumentality of the Republic of Cuba. The turnover orders rested on the district court's grant of full faith and credit to default judgments that petitioners secured against Cuba in the Florida state courts. The Florida state courts had jurisdiction under the Foreign Sovereign Immunities Act (FSIA). The court reversed the judgment, vacated the turnover orders, and remanded with instructions, holding that the district court did not have subject matter jurisdiction over the enforcement proceeding under the Terrorism Risk Insurance Act (TRIA). In this case, petitioners failed to show under 28 U.S.C. 1605A either that (1) Cuba was designated as a state sponsor of terrorism "as a result" of the pre‐1982 acts underlying their judgments or that (2) the acts underlying their judgments occurred after 1982. Therefore, without either showing, the state-sponsored terrorism exception did not permit the district court to exercise jurisdiction over Cuba's assets under section 201(a) of TRIA.

United States v. Blaszczak

Docket: 18-2811

Opinion Date: December 30, 2019

Judge: Richard J. Sullivan

Areas of Law: Criminal Law, White Collar Crime

The Second Circuit affirmed defendant's convictions for wire fraud, Title 18 securities fraud, conversion of U.S. property, and conspiracy, arising from the misappropriation of confidential information from the Centers for Medicare & Medicaid Services. The federal wire fraud, securities fraud, and conversion statutes, are codified at 18 U.S.C. 1343, 1348, and 641, respectively. The court held that confidential government information may constitute "property" for purposes of the wire fraud and Title 18 securities fraud statutes. The court also held that the "personal-benefit" test announced in Dirks v. SEC, 463 U.S. 646 (1983), does not apply to those Title 18 fraud statutes. Finally, the panel found no prejudicial error with respect to the remaining issues presented on appeal.

United States v. McLaughlin

Docket: 19-308

Opinion Date: December 30, 2019

Judge: Per Curiam

Areas of Law: Criminal Law

Personal jurisdiction exists whenever an individual, charged with a crime over which the Federal court has subject matter jurisdiction, is brought before that court. The Second Circuit affirmed defendant's conviction of obstruction of Government administration for making false statements to the IRS. The court held that the district court had personal jurisdiction over defendant where the district court had jurisdiction over the subject matter of the case: an alleged violation of 18 U.S.C. 1001. In this case, the indictment charged defendant and defendant was present before the district court. Therefore, the judgment was valid.