Crimmigration: When Criminal Law Hits Immigration Law - Federal Bar Association SDNY

THE FEDERAL BAR ASSOCIATION

Southern District of New York Chapter

And Immigration Law Section

Cordially Invites You to a Truly Educational CLE

CRIMMIGRATION

Experts in immigration and criminal law will provide immigration attorneys with a thorough and working understanding of the intersection of criminal law and the consequences on immigration cases.

Date: February 18^th 2015

Time: 5:00 p.m. - 8:00 p.m.

 

Second Circuit Courthouse

Thurgood Marshall United States Courthouse

40 Foley Square, Room 145, New York, New York

Opening cocktail and light fare reception 5:00 p.m. - 5:30 p.m.

(2 skills hours- New York CLE credit only- approval pending) 

·         How to understand charging documents Under New York State Law

·         Using criminal documents to your  advantage in immigration court

·         Understanding the Rap Sheet

·         Should you post bail?  How does it affect the Immigration case along with  strategies when there is an ICE hold

·         The New Department of Corrections law on ICE holds

·         How to properly work with criminal lawyers on pleas, bonds, etc.- What they need to know-What you need to know

·         Understanding the Supreme Court’s decisions in Moncrieffe and Descamps

·         The latest decisions by the Board of Immigration Appeals in light of these important decisions

·         The implications of all these court decisions

·         Arguments you can use in Immigration Court

The Panel:

 

Immigration Attorneys:                              Isaac Wheeler  and Matthew Guadagno

Criminal Lawyers:                                      Labe Richman and Chris Flood

Moderated by Cheryl R David

Who Should Attend: Newly admitted and experienced attorneys and law students.    

To Register: http://fba-sdny-crimmigration.eventbrite.com

 

 Name:                                                                                    

Free for Current and NEW FBA members (i.e. signing up to become a member of FBA)

$30 for non-FBA members 

Join Federal Bar Association at www.fedbar.org

Tuition assistance available for qualified applicants.

Please contact SDNY.FBA@gmail.com or amyngellesq@gmail.com for info.

Firm/Employer:                                                             

Address:____________________________ 

Phone:_____________________________    

Email(required):_____________________           

Southern District of New York Chapter of The Federal Bar Association

 

c/o  Amy N. Gell

FBA: Immigration Law Section N.Y. CLE Chair, Immigration Law Committee SDNY

Gell & Gell

299 Broadway, Room#620

New York, NY 10007                                

 www.dunnington.com
 Copyright law, fine art and navigating the courts. All practice, no theory.Copyright Litigation Handbook (Thomson Reuters Westlaw 2012-2013) by Raymond J. Dowd
 

Criminal Copyright Infringement - Counsel Must Know of Statute of Limitations Defenses To Enter Plea Agreement

 In United States v. Boyd, 2011 WL 285196 (2d Cir. Jan. 31, 2011), the Second Circuit vacated the district court's decision that a defendant did not have ineffective assistance of counsel in negotiating a criminal copyright infringement plea agreement.   The Defendant tried to vacate his guiltly plea by claiming that his counsel was unware of the five-year statute of limitations applicable to criminal copyright infringement claims.

United States v Boyd

18 U.S.C. § 2319. Criminal infringement of a copyright

(a) Any person who violates section 506 (a) (relating to criminal offenses) of title 17 shall be punished as provided in subsections (b), (c), and (d) and such penalties shall be in addition to any other provisions of title 17 or any other law.
(b) Any person who commits an offense under section 506 (a)(1)(A) of title 17—
(1) shall be imprisoned not more than 5 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, including by electronic means, during any 180-day period, of at least 10 copies or phonorecords, of 1 or more copyrighted works, which have a total retail value of more than $2,500;
(2) shall be imprisoned not more than 10 years, or fined in the amount set forth in this title, or both, if the offense is a felony and is a second or subsequent offense under subsection (a); and
(3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, in any other case.
(c) Any person who commits an offense under section 506 (a)(1)(B) of title 17—
(1) shall be imprisoned not more than 3 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 10 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of $2,500 or more;
(2) shall be imprisoned not more than 6 years, or fined in the amount set forth in this title, or both, if the offense is a felony and is a second or subsequent offense under subsection (a); and
(3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000.
(d) Any person who commits an offense under section 506 (a)(1)(C) of title 17—
(1) shall be imprisoned not more than 3 years, fined under this title, or both;
(2) shall be imprisoned not more than 5 years, fined under this title, or both, if the offense was committed for purposes of commercial advantage or private financial gain;
(3) shall be imprisoned not more than 6 years, fined under this title, or both, if the offense is a felony and is a second or subsequent offense under subsection (a); and
(4) shall be imprisoned not more than 10 years, fined under this title, or both, if the offense is a felony and is a second or subsequent offense under paragraph (2).
(e) (1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.
(2) Persons permitted to submit victim impact statements shall include—
(A) producers and sellers of legitimate works affected by conduct involved in the offense;
(B) holders of intellectual property rights in such works; and
(C) the legal representatives of such producers, sellers, and holders.
(f) As used in this section—
(1) the terms “phonorecord” and “copies” have, respectively, the meanings set forth in section 101 (relating to definitions) of title 17;
(2) the terms “reproduction” and “distribution” refer to the exclusive rights of a copyright owner under clauses (1) and (3) respectively of section 106 (relating to exclusive rights in copyrighted works), as limited by sections 107 through 122, of title 17;
(3) the term “financial gain” has the meaning given the term in section 101 of title 17; and
(4) the term “work being prepared for commercial distribution” has the meaning given the term in section 506 (a) of title 17.


















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