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Topic: Jed Rakoff

	Jed S. Rakoff - Wikipedia, the free encyclopedia
		Jed S. Rakoff (born 1943) is a United States District Judge for the Southern District of New York.
		In 2002, Rakoff declared the federal death penalty unconstitutional, writing that "the best available evidence indicates that, on the one hand, innocent people are sentenced to death with materially greater frequency than was previously supposed and that, on the other hand, convincing proof of their innocence often does not emerge until long after their convictions.
		Rakoff presided over the Securities and Exchange Commission's accounting fraud suit against WorldCom, and, on July 7, 2003, approved a settlement between the SEC and Worldcom.
	en.wikipedia.org /wiki/Jed_S._Rakoff (1470 words)

	CNN.com - Federal death penalty overturned - July 1, 2002
		In his ruling, Rakoff said he found that "on the one hand, innocent people are sentenced to death with materially greater frequency than was previously supposed and that, on the other hand, convincing proof of their innocence often does not emerge until long after their convictions."
		Rakoff indicated to prosecutors in April that he was thinking about declaring the federal death penalty unconstitutional and gave them a last chance to persuade him otherwise.
		Prosecutors pointed out that Rakoff's references in his ruling were to death sentences from state courts and thus could not be compared to federal death penalty cases.
	archives.cnn.com /2002/LAW/07/01/death.penalty.ruling (487 words)

	Judge Leans Toward Declaring Death Penalty Unconstitutional (Los Angeles Times)
		Consequently, Rakoff said that it is possible that an individual could be executed before he had a full opportunity to demonstrate his innocence and therefore would be deprived of due process of law.
		Rakoff acted in response to briefs filed by attorneys Kevin McNally of Frankfort, Ky., and Jean D. Barrett of Montclair, N.J., who respectively represent Alan Quinones and Diego Rodriguez, the two men the government is seeking to execute.
		But Judge Rakoff is talking about substantive due process--whether or not the nature of the death penalty is such that in the modern era it by definition deprives innocent people of the right to life," Semel said.
	www.jessejacksonjr.org /issues/i0426025335.html (1049 words)

	Law.com: N.Y. Judge Rules 'Blakely' Renders Federal Guidelines Unconstitutional
		Rakoff, saying he was being more lenient than the guidelines would have allowed, imposed a 21-month sentence.
		On Monday, Rakoff, noting that he could not postpone sentencing indefinitely while the scope of Blakely was being resolved, found the decision rendered the guidelines unconstitutional.
		Rakoff agreed with the government's position that portions of the guidelines cannot be severed while the rest of the system is left intact.
	www.law.com /jsp/law/LawArticleFriendly.jsp?id=1090180153572 (650 words)

	TheStreet.com: Judge Orders Unsealed Depositions of Top NYSE Officials in Trading Scandal Suit
		Rakoff said that while the sealed testimony may be damaging to the reputation of the NYSE official who provided it, the testimony provides important information about the interaction between the SEC and the stock exchange.
		Rakoff said the NYSE officials' depositions touch on "the degree to which the SEC interrelates with the stock exchange with respect to the underlying issues" of the floor trading controversy.
		Rakoff also ruled, in response to TheStreet.com's motion, that he would personally review numerous documents that the parties in the case, including lawyers for D'Alessio, the SEC and the NYSE, have exchanged among themselves, but which thus far haven't been made public.
	www.thestreet.com /pf/stocks/brokerages/1384873.html (855 words)

	Student Work - Deadline in Depth 2004 (Site not responding. Last check: 2007-09-30)
		Rakoff noted that the party did not file the proper paperwork with the board of elections to hold a March primary and said his earlier ruling applied only to future election cycles.
		The Dec. 10 ruling issued by Rakoff held that New York state's 2.2 million registered voters who are unaffiliated with a political party could participate in primaries held by the Independence Party, the largest third-party in the state.
		Rakoff however, was unconvinced and quickly adjourned the proceedings.
	www.jrn.columbia.edu /studentwork/deadline/2004/independ-sonneborn.asp (607 words)

	americas.org - Texaco Judge Won’t Step Down (Site not responding. Last check: 2007-09-30)
		On September 5, U.S. federal judge Jed Rakoff of New York rejected a motion filed by lawyers for Ecuadoran indigenous groups, who had asked him to recuse himself from their seven-year-old lawsuit against the U.S. oil giant Texaco, headquartered in White Plains, New York.
		The lawyers complained of a conflict of interest, pointing out that in 1998 Rakoff had attended an expenses-paid six-day seminar and vacation junket for federal judges, organized by a group funded by Texaco, and at which a former chairperson of Texaco was a featured speaker.
		Rakoff confirmed he had attended the seminar but said the lawsuit was never discussed at it.
	www.americas.org /item_6257 (125 words)

	Judge Rejects Federal Death Penalty (Site not responding. Last check: 2007-09-30)
		Rakoff said that if the death penalty is enforced, "a meaningful number of innocent people will be executed who otherwise would eventually be able to prove their innocence.
		Rakoff's ruling has no bearing on the 38 states that have the death penalty on their law books.
		In his ruling, Rakoff acknowledges that his opinion appears to be at odds with the 1993 Herrera vs. Collins ruling, in which a Supreme Court majority said new claims of innocence are not enough to merit further review by the federal courts.
	www.newsmax.com /archives/articles/2002/7/1/161538.shtml (697 words)

	Federal judge overturns U.S. death penalty / N.Y. court finds 'undue risk' of executing innocent defendants
		A U.S. district judge in New York ruled Monday that the federal death penalty is unconstitutional because it creates "undue risk" of executing innocent defendants, the latest sign that DNA exonerations of death-row inmates have begun to affect the way courts and legislatures think about capital punishment.
		Rakoff wrote that wrongful death sentences are more common than Congress believed when it passed the death penalty law in 1994.
		Anti-death penalty organizations greeted Rakoff's order as more evidence that their cause is gaining momentum, at least symbolically.
	www.sfgate.com /cgi-bin/article.cgi?f=/c/a/2002/07/02/MN209012.DTL (530 words)

	TheStreet.com: NYSE Fighting for Immunity in Floor-Broker Case
		The issue, which lawyers debated before U.S. District Court Judge Jed Rakoff in a hearing last week, is central to a lawsuit a former broker has filed against the NYSE over a scandal involving illegal floor trading at the exchange.
		In that suit, now before Rakoff, D'Alessio claims the NYSE knew of and endorsed years of illegal self-trading by brokers on the floor of the exchange, and lied about it to federal prosecutors.
		Were Rakoff to decide in Alessio's favor on the immunity question, it would be an important legal departure for the courts.
	www.thestreet.com /pf/stocks/brokerages/999754.html (893 words)

	Law.com: Defense Team Shifts Strategy on Death Law (Site not responding. Last check: 2007-09-30)
		Almost three months after the 2nd U.S. Circuit Court of Appeals reversed Judge Jed S. Rakoff's ruling that the act violated the U.S. Constitution, the lawyers for accused murderers Alan Quinones and Diego Rodriguez are asking the judge to reject the act on different grounds.
		Last year, Rakoff cited an unacceptably high risk that an innocent person may be executed as reason that the act violates the Constitution's due process clause.
		On Tuesday, Kevin McNally argued in a hearing before Rakoff that he should become the second judge in the courts of the 2nd Circuit to find that the relaxed evidentiary standards that apply during the penalty phase of a capital trial make the act unconstitutional on its face.
	www.law.com /jsp/law/LawArticleFriendly.jsp?id=1046327709790 (798 words)

	U.S. Attorney James B. Comey's Report to Judge Jed S. Rakoff on the Polygraph Interrogation of Abdallah Higazy
		The Honorable Jed S. Rakoff October 31, 2002 Page 2 was appropriate since the OIG now has statutory authority to investigate allegations of misconduct by Department of Justice employees, including FBI agents, and since the investigation raised the possibility that current or former members of this Office might have to be interviewed as witnesses.
		The OIG has conducted a thorough investigation of the circumstances surrounding the administration of the polygraph examination and Higazy's resulting confession, in which he stated that he was the owner of an aviation radio that was found in his room at the Millenium [sic] Hilton Hotel.
		The Honorable Jed S. Rakoff October 31, 2002 Page 10 Conclusion Higazy's allegations that he was threatened or coerced by the polygrapher during the course of the polygraph examination remain uncorroborated.
	antipolygraph.org /documents/higazy-oig-report.shtml (3451 words)

	Larchmont Gazette: Larchmont, New York's hometown journal
		On July 1, 2002 Federal Judge and long-term Larchmont resident, Jed Rakoff, declared the death penalty unconstitutional in a decision that is generating discussion nationwide.
		Hochheiser refers to Rakoff as "One of the most deliberative and careful judges on the bench," though he admits the Judge "is often seen as a thorn in the side of the defense bar."
		No one considers Rakoff's decision to be the last word on the issue.
	www.larchmontgazette.com /news/20020708rakoffnotv.html (389 words)

	Antiquities Dealer Sentenced
		Judge Jed Rakoff today sentenced antiquities dealer Frederick Schultz, who was convicted in federal district court in Lower Manhattan on February 12 for conspiring to smuggle and possess looted Egyptian artifacts (see "Selling the Past," April 22, 2002).
		Judge Rakoff admitted that "the calculation of loss in this case is quite difficult," but noted that Schultz had sold a head of Amenhotep III for $1.2 million and had another sculpture listed in inventory as worth $425,000.
		Judge Rakoff did not attempt to take into account the loss of archaeological or heritage value for the objects, only using their worth as commodities.
	www.archaeology.org /online/news/schultz2.html (466 words)

	Swarthmore College Commencement 2003 - Christopher Chyba '82
		Jed Rakoff, you are a federal district judge in Manhattan, widely recognized for your legal opinions in the areas of securities and copyright law and constitutional rights - opinions which are cited as models of intellectual clarity and judicial vision by lawyers and judges throughout this nation.
		At Swarthmore you constantly demonstrated your commitment to joining rigorous intellectual inquiry to social and political concern, and served as Student Council president, Phoenix editor, and president of the debate club, graduating with Honors in English Literature in 1964.
		Jed Rakoff, your powerful and independent mind, your remarkable ability for comprehensive understanding, your rigorous impartiality, your tireless commitment to social justice and your exceptional record of placing those skills in the service of the public good, distinguish you in this nation's eyes and in the eyes of your own Swarthmore community.
	www.swarthmore.edu /news/commencement/2003/rakoff2.html (344 words)

	NEW VOICES: Federal Judge Discusses His Concerns About the Death Penalty
		In an interview with The New York Times, Judge Jed S. Rakoff (pictured) discussed his reasons for finding the federal death penalty to be unconstitutional.
		Judge Rakoff ruled in April 2002 that the death penalty failed to secure due process because of the demonstrated risk of executing an innocent person.
		He remarked that the exonerations exposed "something pretty upsetting, if you think about its broader ramifications....that our legal system is not as good in ascertaining the truth as we thought it was." Rakoff also revealed his personal appreciation for the needs of victims' family members.
	www.deathpenaltyinfo.org /article.php?did=1262&scid=64 (274 words)

	OpinionJournal - Outside the Box
		Then came Judge Jed Rakoff in the Southern District of New York, who ruled that the federal death penalty is unconstitutional.
		Never mind that the Constitution's Fifth Amendment twice mentions the possibility of the taking of an accused party's life (no person shall twice be put "in jeopardy of life or limb," nor "be deprived of life, liberty, or property without due process of law"); the judge simply says this doesn't count.
		Requiring perfection, as Judge Rakoff does, is fine for philosophers and academics but not of much help in day to day life or questions of crime and punishment.
	www.opinionjournal.com /columnists/pdupont/?id=110001967 (1027 words)

	FindLaw's Writ - Dorf: A Trial Court Ruling That The Federal Death Penalty Is Unconstitutional Leaves A Key Question ...
		In a preliminary opinion and order in April of this year, Judge Rakoff indicated that he was inclined to grant the defendants' motion.
		Thus, Judge Rakoff reasoned that, even given the presumption of innocence, the right of appeal, the availability of post-conviction relief, and ultimately the opportunity for executive clemency, there remains a substantial possibility that an innocent person will be executed before he can obtain judicial or executive relief.
		Judge Rakoff identified thirty-two death row inmates who were subsequently exonerated out of "a relevant pool of anywhere from around 800 to around 3,700 death row inmates." That means that somewhere between one in twenty-five and one in 116 people who are sentenced to die is innocent.
	writ.news.findlaw.com /dorf/20020710.html (1589 words)

	Surreality Check (July 2002)
		Despite Rudy Giuliani's self-aggrandizement, and Charles Carberry's important role, Jed Rakoff is the one government official who more than any other made it possible for one of the most evil white-collar criminals in post-WWII America to spend some extended vacation time at Club Fed: Michael Milken.
		Anyone who characterizes Rakoff as "soft on crime" has, to say the least, a very selective memory and a very limited definition of "crime," perhaps bordering on the most-common exception to the Fourth Amendment: driving while being fl.
		Judge Rakoff knows, from personal experience, that no aspect of the legal system is perfect, and demands perfection of any system that would take the life of a human being on the order of the State.
	savage.authorslawyer.com /journals/j27.shtml (4743 words)

	Court Overturns Ruling Vs. Death Penalty (Site not responding. Last check: 2007-09-30)
		The lower court ruling was issued earlier this year by Judge Jed S. Rakoff in a case involving two men charged in a drug-murder conspiracy.
		Rakoff said in July that the federal death penalty law as it was written "denies due process and, indeed, is tantamount to foreseeable, state-sponsored murder of innocent human beings."
		Rakoff ruled that the death penalty was unconstitutional because too many innocent people have been executed before they could be exonerated.
	www.freerepublic.com /focus/news/804028/posts (3718 words)

	The Honorable Jed Rakoff Approves Settlement of SEC'S Claim for a Civil Penalty Against Worldcom; Press Release 2003-81
		The Honorable Jed Rakoff Approves Settlement of SEC'S Claim for a Civil Penalty Against Worldcom
		The Commission filed its case against WorldCom on June 26, 2002, the day after WorldCom announced that it intended to restate its financial results for five quarters-all quarters in 2001 and the first quarter of 2002.
		The Commission also sought the appointment of a corporate monitor for WorldCom, and on July 3, U.S. District Judge Jed S. Rakoff appointed former SEC Chairman Richard Breeden to that position.
	www.sec.gov /news/press/2003-81.htm (460 words)

	U.S. ordered to reveal IDs of detainees
		The ruling, issued Monday by Judge Jed S. Rakoff of U.S. District Court in Manhattan, came in a lawsuit brought by the Associated Press in April 2005 under the Freedom of Information Act.
		In his new ruling, which he described as "final," Rakoff ordered the Defense Department to turn over "unredacted copies" of the transcripts to the news agency.
		In August, Rakoff ordered the military to ask the prisoners whether they consented to having their names published.
	sfgate.com /cgi-bin/article.cgi?file=/c/a/2006/01/24/MNGQ4GS4J71.DTL (244 words)

	American Civil Liberties Union : Citing ""Undue Risk"" of Executing Innocents, Court Declares Federal Death Penalty ...
		In his 28-page ruling, Judge Rakoff cited the high number of innocent people who have been released from death row, saying that "it is fully foreseeable that in enforcing the death penalty a meaningful number of people will be executed who otherwise would eventually be able to prove their innocence."
		Given our country's disturbing track record of sentencing innocent people to death, Judge Rakoff is right to have serious concerns about the application of the death penalty.
		Judge Rakoff's ruling comes at a time when the Department of Justice under Attorney General John Ashcroft seems to be ignoring serious questions about fairness in the federal death penalty's application and the strong evidence which suggests racial biases may be at work.
	www.aclu.org /capital/innocence/10340prs20020701.html (582 words)

	WorldCom Inc.: Lit. Rel. No. 18219; AAER-1811 / July 7, 2003
		The Securities and Exchange Commission announced that United States District Judge Jed S. Rakoff today issued an Opinion and Order approving the SEC's settlement with WorldCom, Inc. The settlement remains subject to review and approval of the United States Bankruptcy Court for the Southern District of New York.
		In its ruling, the Court wrote that "the Court is satisfied that the Commission has carefully reviewed all relevant considerations and has arrived at a penalty that, while taking adequate account of the magnitude of the fraud and the need for punishment and deterrence, fairly and reasonably reflects the realities of this complex situation."
		The Commission also sought the appointment of a corporate monitor for WorldCom, and on July 3, 2002, U.S. District Judge Rakoff appointed former SEC Chairman Richard Breeden to that position.
	www.sec.gov /litigation/litreleases/lr18219.htm (561 words)

	UGO.com Games Channel - $250 Million in the Hole (Site not responding. Last check: 2007-09-30)
		Federal Judge, Jed S. Rakoff has ordered the company to pay up to $250 million to Seagram Co.'s.
		Supposedly, they copied 10,000 of its discs, though a trial to determine the exact number of works will begin November 13.
		Rakoff was the same judge that rejected MP3.com’s previous argument that UMG was improperly pursuing a copyright infringement claim against them.
	ugo.com /channels/games/nintendo/article.asp?articleId=2103&... (88 words)

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