This column reports on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Brian M. Cogan held that an attempted Hobbs Act robbery was not a “crime of violence” under the “elements clause” of 18 U.S.C. §924(c). Judge Joseph F. Bianco held that criminal defendants could be jointly and severally liable under 18 U.S.C. §(a)(1) even if they did not personally benefit from the forfeitable property. And Judge Nicholas G. Garaufis denied motions for summary judgment by LIU College of Pharmacy against a professor’s claims of retaliation.

Attempted Hobbs Act Robbery: Not a Crime of Violence

In United States v. Culbert, 19 CR 613 (EDNY, April 13, 2020), Judge Cogan dismissed Count 3 of the indictment, charging defendants with possessing and brandishing a firearm during a “crime of violence”, 18 U.S.C. §924(c)(1)(A)(i), where the purported crime of violence was attempted Hobbs Act robbery. (Judge Nicholas G. Garaufis reached the same conclusion in another recent decision. United State v. Cheese, 18 CR 33-2 (EDNY, Feb. 12, 2020)).

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