Saturday, November 21, 2009

The Flacks Report [20 Nov. '09]

Grasping at Straws: The Nora Anderson Saga, cont'd---Manhattan Judge Inductions---Holiday Party Request

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Grasping at Straws: The Nora Anderson Saga, cont'd

The New York County District Attorney seemed to be grasping at straws today in State Supreme Court as he made a motion to re-argue two of the dismissed counts in the indictment of Peo. vs. Anderson & Rubenstein. The D.A.'s serving the motion--and without the exhibits--by telephone facsimile the night before the status conference surprised the Defendants, and has led to a delay in the case-in-chief until February of next year at the earliest.

Judge Michael Obus's Oct. 30th decision found that there was no jurisdiction as to venue to prosecute count seven [E.L. 14-120(1): campaign contributions to be made under the true name of the contributor, a misdemeanor] and count nine [E.L. 14-126(3): violations of contribution limits, also a misdemeanor].

The D.A. maintains that the trial judge "over-looked" cash transactions which took place in New York County, and therefore the conduct occurred within such county [N.Y.] and was sufficient to establish the offense [C.P.L. 20.40]; that is, Anderson's purported over campaign contribution limit withdrawal of co-defendant Rubenstein's gift of $100,000 in August of 2008 from her personal account and subsequent deposit into her campaign account in New York County gives the Court the necessary jurisdiction. [The D.A. also sillily points to an A.T.M. withdrawal of $100 in Manhattan on the day of deposit as indicative of her being in Manhattan (although the check transaction could have been made elsewhere).]

But the judge addressed this issue in his Oct. 30th decision by letting stand counts two and five in the indictment which held that the Grand Jury's determination that Defendants knowingly filed false disclosure statements with the N.Y.C. Board of Elections as to the name of the true contributor may have been an attempt "to defraud" the Board, but not the citizens of New York County. Also, did the Board of Elections have an agency relationship with either defendant?

Rubenstein gave an out-right gift because he knew that he couldn't give as a campaign contribution more that a stated amount, and he filed a gift tax return.

Defendants' answer is due on 28 Dec. '09; the People's reply, on 8 Jan. next year; and the judge will decide the motion on 15 Jan. '10. Tentative trial date is scheduled for 23 February 2010.

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Manhattan Judge Inductions

7th January, 2010, Thursday, 5 P.M. Induction of N.Y.C. Civil Court Judge Jennifer Schechter. Civil Court, 111 Centre Str., City.

14th January, 2010, Thursday, 5 P.M. Induction of State Supreme Court Justice Lucy Adams Billings. Supreme Court, 60 Centre Str., City.

21st January, 2010, Thursday, 5 P.M. Induction of N.Y.C. Civil Court Judge James d'Auguste. Civil Court, 111 Centre Str., City.

28th January, 2010, Thursday, 5 P.M. Induction of N.Y.C. Civil Court Judge Lynn Kotler. Civil Court, 111 Centre Str., City.

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Holiday Party Request

If you, your club or organization is holding an open holiday party and would like to have it listed in my list of selected events, kindly let me know. Thank you.

"The noblest motive is the public good." --Richard Steele


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