This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Eric Vitaliano allowed the prosecution to modify its discovery obligations by turning over summaries of classified materials, in a way that protected the government’s interest in national security and the defendant’s interest in material information. Judge Joanna Seybert enjoined enforcement of an invalidated and repealed anti-loitering statute in Suffolk County. Judge Nicholas Garaufis, finding that the government had finally proven loss causation after two earlier tries, ordered defendant in a securities fraud case to pay more than $17 million in restitution. And Magistrate Judge Robert Levy found probable cause to support an extradition to India.
Criminal Discovery
In United States v. Shehadeh, 10 CR 1020 (EDNY, April 17, 2012), Vitaliano granted the government’s motion to withhold certain classified information from discovery and to provide summaries of certain other classified information.
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