District Court Denies Sheldon Silver’s Motion to Dismiss Following Remand U.S. District Court for the Southern District New York, March 20, 2018

NEW YORK — The saga of former New York Assemblyman Sheldon Silver continues as the U.S. District Court for the Southern District of New York denied Silver’s Motion to Dismiss charges against him. Among other contentions, the government’s indictment against Silver includes allegations that Silver received more than $3 million dollars in referral fees from the Weitz & Luxenberg firm for clients sent to it by Dr. Taub, a physician specializing in the treatment of mesothelioma. The indictment further alleges that Silver disbursed state funds to a research center run by Dr. Taub.

This matter finds itself back in District Court after appeal, and following remand from the Second Circuit, who overturned a November 30, 2015 jury verdict, finding that jury instructions were improper given the Supreme Court’s ruling in McDonnel v. United States, 136 S.Ct. 2355 (2016). The Second Circuit also noted that the evidence in the original action was sufficient to support the jury’s conviction on all counts. In denying Silver’s Motion to Dismiss, the court noted that defendants challenging the sufficiency of a Motion to Dismiss an indictment face a “high hurdle,” as an indictment need only contain “a plain, concise, and definite written statement of the essential facts constituting the offense charged ….” pursuant to Federal Rule of Criminal Procedure 7.

Read the full decision here.


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