No. 19-392

Martin A. Armstrong v. Securities and Exchange Commission, et al.

Lower Court: Second Circuit
Docketed: 2019-09-24
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (3)
Tags: asset-forfeiture asset-freezing civil-enforcement constitutional-right-to-counsel counsel-of-choice criminal-defendant criminal-procedure due-process parallel-civil-enforcement parallel-proceedings personal-property property-rights right-to-counsel
Key Terms:
DueProcess FifthAmendment CriminalProcedure Securities Privacy JusticiabilityDoctri
Latest Conference: 2020-05-01 (distributed 3 times)
Question Presented (AI Summary)

Whether the constitutional right to counsel of choice extends to cases where a criminal defendant's assets are frozen as part of a parallel civil enforcement action

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the constitutional right to counsel of choice extends to cases where a criminal defendant’s assets are frozen as part of a parallel civil enforcement action. 2. Whether the failure to return untainted personal property to a defendant violates the constitutional guarantee of due process. ll STATEMENT OF

Docket Entries

2020-05-04
Rehearing DENIED. Justice Sotomayor took no part in the consideration or decision of this petition.
2020-04-15
DISTRIBUTED for Conference of 5/1/2020.
2020-04-03
2020-03-09
Petition DENIED. Justice Sotomayor took no part in the consideration or decision of this petition.
2020-02-19
DISTRIBUTED for Conference of 3/6/2020.
2020-02-18
Reply of petitioner Martin A. Armstrong filed.
2020-02-03
Brief of respondents Securities and Exchange Commission, et al. in opposition filed.
2020-02-03
Brief of respondent Tancred Schiavoni, in his Capacity as Temporary Receiver in opposition filed.
2019-12-17
Motion to extend the time to file a response is granted and the time is further extended to and including February 3, 2020.
2019-12-16
Motion to extend the time to file a response from January 2, 2020 to February 3, 2020, submitted to The Clerk.
2019-11-27
Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2020.
2019-11-26
Motion to extend the time to file a response from December 2, 2019 to January 2, 2020, submitted to The Clerk.
2019-10-31
Response Requested. (Due December 2, 2019)
2019-10-23
DISTRIBUTED for Conference of 11/8/2019.
2019-10-07
Waiver of right of respondents Securities and Exchange Commission, et al. to respond filed.
2019-09-19
Petition for a writ of certiorari filed. (Response due October 24, 2019)
2019-06-28
Application (19A8) granted by Justice Ginsburg extending the time to file until September 20, 2019.
2019-06-27
Application (19A8) to extend the time to file a petition for a writ of certiorari from July 22, 2019 to September 20, 2019, submitted to Justice Ginsburg.

Attorneys

Martin A. Armstrong
George William Hicks Jr. — Petitioner
George William Hicks Jr. — Petitioner
Securities and Exchange Commission, et al.
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Tancred Schiavoni, in his Capacity as Temporary Receiver
Jonathan D. HackerO'Melveny & Myers LLP, Respondent
Jonathan D. HackerO'Melveny & Myers LLP, Respondent