The conviction of ex-MediSys CEO David Rosen for bribing public officials was upheld yesterday by the U.S. Court of Appeals for the Second Circuit. Rosen, 65, had challenged his conviction by Southern District Judge Jed Rakoff (See Profile) in a bench trial, arguing before the circuit that there was insufficient evidence to prove his involvement with bribery schemes involving former Assemblymen Anthony Seminerio and William Boyland and Senator Carl Kruger. Rosen was sentenced to serve three years in prison in 2012 after being convicted of honest services mail and wire fraud, honest services fraud conspiracy and conspiracy to commit bribery and violate the Travel Act.
On appeal, he contested the government’s "as opportunities arise" theory of prosecution, charged the federal bribery and honest services fraud statutes were unconstitutionally vague as applied to his conduct and insisted he lacked any corrupt intent. But Judges Robert Sack (See Profile), Denny Chin (See Profile) and Raymond Lohier (See Profile) rejected those arguments yesterday in an opinion by Lohier. Elkan Abramowitz of Morvillo, Abramowitz, Grand, Iason & Anello argued the appeal in United States v. Rosen, 12-2249-cr. Assistant U.S. Attorney Michael Bosworth argued for the government.
