Latest Case: United States v. Tucker (Criminal Law)

A Profile of John J. Gleeson, the Trial Court’s Proposed “Friend Of The Court” in the Michael Flynn Case

JEFFREY MORRIS, RODGER CITRON

Touro law professors Jeffrey B. Morris and Rodger D. Citron conduct a profile of John J. Gleeson, the lawyer and former judge who has been appointed as a “friend of the court” to advise the federal district court on a matter where the U.S. Department of Justice is seeking dismissal of the case against former national security advisor Michael Flynn. Morris and Citron describe Gleeson’s background both on and off the bench and predict that, if given the opportunity to fulfill his role, Gleeson will certainly be fair and proper in determining the proper way to deal with Michael Flynn’s case.

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Is There Any Point in Talking About Trump’s Upcoming Refusal to Leave Office?

NEIL H. BUCHANAN

UF Levin College of Law professor Neil H. Buchanan reiterates his argument that Donald Trump will refuse to leave the White House even if he loses the 2020 election and considers why journalists are only just now beginning to recognize that as a possibility. Buchanan laments the possibility that there is nothing to be done about this existential threat to America’s constitutional democracy.

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United States v. Tucker

Docket: 18-181

Opinion Date: June 2, 2020

Judge: Leval

Areas of Law: Criminal Law, White Collar Crime

The Second Circuit affirmed defendants' convictions on fourteen counts including collection of unlawful usurious debt, and conspiracy to do so, wire fraud, and money laundering, arising out of defendants' operation of a payday lending business. The court held that, even assuming that the charge with respect to Counts 2-4 was erroneous, the error did not affect the verdict, and thus defendants have not satisfied the requirements of plain error; the jury necessarily found in rendering a guilty verdict on Count 1, for which an undisputedly correct willfulness instruction was given as to the conspiracy element, that defendants were aware of the unlawfulness of their making loans with interest rates that exceeded the limits permitted by the usury laws; and the evidence of defendants' willfulness was overwhelming. The court also held that defendants' other contentions are without merit. Finally, the court found that the district court did not abuse its discretion in denying Defendant Tucker's application to stay the execution of the forfeiture order entered against him following his conviction.