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Sekhar V. United States
''Sekhar v. United States'', 570 U.S. 729 (2013), is a United States Supreme Court decision regarding extortion under the Hobbs Act of 1946. Details Giridhar C. Sekhar was a partner at a venture capital firm based in Brookline, Mass. In 2009, Sekhar sent multiple emails to Luke Bierman, who was at the time legal counsel to New York State Comptroller Thomas DiNapoli. According to the emails obtained from Sekhar's home computer by the FBI, Sekhar demanded that Bierman advise the comptroller to commit to a $35 million retirement fund investment at Sekhar's firm, threatening to reveal details of Bierman's alleged extra-marital affair to his wife, DiNapoli, and the media. After initially being charged with coercion under state law, Sekhar was tried and convicted for attempted extortion under the federal Hobbs act. Sekhar's lawyers contended that the advice of a lawyer employed by the state was not a form of property that could be sought by threats, and hence that the extortion charge ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ...
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Hobbs Act
The Hobbs Act, named after United States Representative Sam Hobbs ( D- AL) and codified at , is a United States federal law enacted in 1946 that provides: Section 1951 also proscribes conspiracy to commit robbery or extortion without reference to the conspiracy statute at . Although the Hobbs Act was enacted as a statute to combat racketeering in labor-management disputes, the statute is frequently used in connection with cases involving public corruption, commercial disputes, and corruption directed at members of labor unions. The Hobbs Act criminalizes both robbery and extortion: :* "robbery" means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, and :* "extortion" means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right. Jurisdictional element In interpreting the Hobbs Act, the Supreme Cou ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Venture Capital
Venture capital (often abbreviated as VC) is a form of private equity financing that is provided by venture capital firms or funds to startups, early-stage, and emerging companies that have been deemed to have high growth potential or which have demonstrated high growth (in terms of number of employees, annual revenue, scale of operations, etc). Venture capital firms or funds invest in these early-stage companies in exchange for equity, or an ownership stake. Venture capitalists take on the risk of financing risky start-ups in the hopes that some of the firms they support will become successful. Because startups face high uncertainty, VC investments have high rates of failure. The start-ups are usually based on an innovative technology or business model and they are usually from high technology industries, such as information technology (IT), clean technology or biotechnology. The typical venture capital investment occurs after an initial "seed funding" round. The first ro ...
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Brookline, Mass
Brookline is a town in Norfolk County, Massachusetts, in the United States, and part of the Boston metropolitan area. Brookline borders six of Boston's neighborhoods: Brighton, Allston, Fenway–Kenmore, Mission Hill, Jamaica Plain, and West Roxbury. The city of Newton lies to the west of Brookline. Brookline was first settled in 1638 as a hamlet in Boston, known as Muddy River; it was incorporated as a separate town in 1705. At the time of the 2020 United States Census, the population of the town was 63,191. It is the most populous municipality in Massachusetts to have a town (rather than city) form of government. History Once part of Algonquian territory, Brookline was first settled by European colonists in the early 17th century. The area was an outlying part of the colonial settlement of Boston and known as the hamlet of Muddy River. In 1705, it was incorporated as the independent town of Brookline. The northern and southern borders of the town were marked by two smal ...
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Legal Counsel
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, legal executive, or public servant — with each role having different functions and privileges. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in advancing the interests of the law and legal profession. Terminology Different legal jurisdictions have different requirements in the determination of who is recognized as being a lawyer. As a result, the meaning of the term "lawyer" may vary from place to place. Some jurisdictions have two types of lawyers, barrister and solicitors, while others fuse the two. A barrister (also known as an advocate or counselor in some jurisdictions) is a lawyer who typically specializes in ...
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New York State Comptroller
The New York State Comptroller is an elected constitutional officer of the U.S. state of New York and head of the New York state government's Department of Audit and Control. The New York State Comptroller is the highest-paid state auditor or treasurer in the country. Sixty-one individuals have held the office of State Comptroller since statehood. The incumbent is Thomas DiNapoli, a Democrat. Powers and duties The State Comptroller is in effect New York's chief fiscal officer. Article V, Section 1, of the New York Constitution requires the State Comptroller "to audit all vouchers before payment and all official accounts", "to audit the accrual and collection of all revenues and receipts", and "to prescribe such methods of accounting as are necessary for the performance of the foregoing duties". Furthermore, the State Constitution vests the safekeeping and protection of all state funds in the State Comptroller, stating: " e payment of any money of the state, or of any money und ...
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Thomas DiNapoli
Thomas Peter DiNapoli II (born February 10, 1954) is an American politician serving as the 54th and current New York State Comptroller since 2007. A member of the Democratic Party, he was previously the New York State Assemblyman for the 16th district, first elected in 1986. DiNapoli was elected by the New York State Legislature as New York State Comptroller on February 7, 2007; he was formerly the Chairman of the Assembly Environmental Conservation Committee. He is a resident of the village of Thomaston, Nassau County, New York (on Long Island). In November 2014, he won reelection, leading the statewide ticket with the most votes. He was easily reelected to a fourth term in November 2018, receiving 64.9% of the vote. Early life and education DiNapoli was born to Nicholas Peter DiNapoli and Adeline (Abbondandelo) DiNapoli, named after his paternal grandfather Thomas Peter DiNapoli. DiNapoli, raised in Albertson, has been active in politics since he was a teenager, when he ran fo ...
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Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate jurisdiction over the district courts in the following districts: * District of Connecticut * Eastern District of New York * Northern District of New York * Southern District of New York * Western District of New York * District of Vermont The Second Circuit has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Due to renovations at that building, from 2006 until early 2013, the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse across Pearl Street from Foley Square; certain court offices temporarily relocated to the Woolworth Building at 233 Broadway. Because the Second Circuit includes New York City, it has long been one o ...
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Justice Antonin Scalia
Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the U.S. Supreme Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century, and one of the most important justices in the history of the Supreme Court. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018 by President Donald Trump, and the Antonin Scalia Law School at George Mason University was named in his honor. Scalia was born in Trenton, New Jersey. A devout Catholic, he attended Xavier High School before receiving his undergraduate degree from Georgetown University. Scalia went on to graduate from Harvard Law School and spent six year ...
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2012 Term United States Supreme Court Opinions Of Antonin Scalia
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