District Judge Brian M. Cogan

 

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In 2013 Leventhal pleaded guilty to wire fraud and aggravated identity theft. His release on bail was revoked in 2015 when the government proved that while out on bail Leventhal used forged letters to induce tens of thousands of dollars of investments, much of which he used for his own purposes. In December 2016, Leventhal was sentenced to five years in federal custody. His instant pro se complaint charged federal prosecutor Paes, the lead FBI agent who investigated him, his ex-wife and her mother and sister, and others with, among other things, violating his right to associate with his adopted daughter, denials of due process and his right to privacy, defamation, and fraud. The court dismissed Leventhal’s complaint as facially frivolous and as a transparent attempt to harass those who defended against Leventhal’s past abuse of the legal process. The court found the basis of Leventhal’s frivolous conspiracy theory to be his “petty and irrational” fury at Paes, the federal prosecutor who convicted him. Prosecutorial immunity protected Paes, and qualified immunity protected the FBI agent. Further, the domestic relations exception barred relitigation of the child custody order governing his visitation rights with his adopted daughter.

District Judge Brian M. Cogan

 

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In 2013 Leventhal pleaded guilty to wire fraud and aggravated identity theft. His release on bail was revoked in 2015 when the government proved that while out on bail Leventhal used forged letters to induce tens of thousands of dollars of investments, much of which he used for his own purposes. In December 2016, Leventhal was sentenced to five years in federal custody. His instant pro se complaint charged federal prosecutor Paes, the lead FBI agent who investigated him, his ex-wife and her mother and sister, and others with, among other things, violating his right to associate with his adopted daughter, denials of due process and his right to privacy, defamation, and fraud. The court dismissed Leventhal’s complaint as facially frivolous and as a transparent attempt to harass those who defended against Leventhal’s past abuse of the legal process. The court found the basis of Leventhal’s frivolous conspiracy theory to be his “petty and irrational” fury at Paes, the federal prosecutor who convicted him. Prosecutorial immunity protected Paes, and qualified immunity protected the FBI agent. Further, the domestic relations exception barred relitigation of the child custody order governing his visitation rights with his adopted daughter.