No. 18-7778

Mikhail Zemlyansky v. United States

Lower Court: Second Circuit
Docketed: 2019-02-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: collateral-estoppel criminal-procedure double-jeopardy evidence-reintroduction health-care-fraud jury-acquittal jury-trial prosecutorial-strategy RICO rico-conspiracy
Key Terms:
FifthAmendment
Latest Conference: 2019-03-15
Question Presented (AI Summary)

Whether the district court violated the collateral estoppel component of the double-jeopardy clause by allowing the government to reintroduce its entire health care fraud case, which was rejected by the jury at the first trial, at the second trial on the previously hung RICO conspiracy charge, thereby gaining an unfair advantage that rendered the second trial fundamentally unfair

Question Presented (OCR Extract)

QUESTION PRESENTED ; Government prosecutors strategically decided to subdivide their prosecution of petitioner’s ongoing New York city enterprise into two parts. The first jury acquitted petitioner on 8 of 9 counts, three non-RICO conspiracy counts : and six substantive offense counts involving health insurance fraud. It hung on the RICO conspiracy charge. After losing, prosecutors reindicted petitioner for the same RICO conspiracy, targeting the same enterprise’s securities fraud and illegal gambling activities. At the second trial, the district court let the government reintroduce its entire health care fraud case to help secure a conviction on the previously hung RICO conspiracy count. Did the district court violate the collateral estoppel component of the double-jeopardy clause by letting the government reintroduce at . the second trial its entire health care fraud case rejected by the jury at the first . trial and thus gain an unfair advantage that rendered the second trial fundamentally unfair. ' The attached

Docket Entries

2019-03-18
Petition DENIED.
2019-02-21
DISTRIBUTED for Conference of 3/15/2019.
2019-02-12
Waiver of right of respondent United States to respond filed.
2019-01-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 7, 2019)

Attorneys

Mikhail Zemlyansky
Jerald Lee BraininJerald Lee Brainin, Esq., Petitioner
Jerald Lee BraininJerald Lee Brainin, Esq., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent