In the News
- October 21, 2021Judge rules Afghan militant has been held in Guantánamo illegally, in what lawyers say is the first such ruling in 10 years
A federal judge has found that a former Afghan militant has been held unlawfully at the Guantánamo Bay detention camp, the first time in 10 years that a detainee has won such a case against the U.S. government, his lawyers said.Washington Post
- October 20, 2021
A federal judge has ruled that the United States has no legal basis for holding an Afghan man at Guantánamo Bay.New York Times
- October 20, 2021US has no basis to detain Asadullah Haroon Gul, who was cleared for transfer last week, in a first such ruling in a decade
A US federal court has ruled that a detainee at the Guantanamo Bay detention centre has been unlawfully kept there, several days after he was cleared to be transferred out of the military prison.
The US court granted the petition for a writ of habeas corpus for Asadullah Haroon Gul, who has been detained without charge by the US since 2007. The decision marks the first time in a decade a Guantanamo detainee's imprisonment has been ruled unlawful.Middle East Eye
- October 13, 2021The Associated Press, New York Times, and dozens of international news organizations file amicus briefs in support of LBKM #MeToo client
- October 12, 2021
The founder and minority shareholder of Tocqueville Management Corp. sued his successor and six of the successor's relatives in Delaware's Chancery Court on Tuesday, saying he was "utterly betrayed" by the man he allegedly groomed to take over the wealth management firm.Law360
- October 5, 2021
Adam Kaufmann joined Dan Abrams on NewsNation Now to discuss New York's ongoing investigation into the Trump Organization.NewsNation Now
- September 30, 2021
Lewis Baach Kaufmann Middlemiss PLLC is pleased to announce that John Moscow has been named to the 2021 New York Super Lawyers list. Each year, no more than five percent of the lawyers in each state are selected to receive this honor. In addition, A. Mackenna White has been named to the 2021 New York Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected to receive this honor.
- September 21, 2021Lawyers say case raises questions about legality of US air strikes and an American citizen's right to due process
Bilal Abdul Kareem, an American journalist based in opposition-held northwestern Syria, is petitioning the US Supreme Court to review his case accusing the government of placing him on a "kill list", and alleging that he was consequently targeted five times by US strikes in 2016.
The petition is the latest development in a years-long legal battle between the United States government and Abdul Kareem, and calls on the Supreme Court to decide whether a lower court erred in its dismissal of his case.
"What our case is really about is: can the United States kill a US citizen without due process, on the basis that its desire to execute its own citizens is a state secret?" Tara Plochocki, legal counsel for Abdul Kareem, told Middle East Eye.Middle East Eye
- September 20, 2021
"The fact that they are having sealed proceedings is consistent with an ongoing grand jury investigation and suggests the district attorney may be considering further charges or defendants," said Adam Kaufmann, a former investigations division chief at the Manhattan District Attorney's Office who is currently a partner with the law firm Lewis Baach Kaufmann Middlemiss.NPR
- September 17, 2021
Weisselberg may now be questioning whether continued loyalty will be rewarded, said John Moscow, a former senior white-collar prosecutor in the Manhattan district attorney’s office. Though still at the Trump Organization, Weisselberg was removed as CFO following the indictment, and he no longer serves as treasurer and secretary for many of the company’s subsidiaries.
“That’s a big change in his life, and if other people at the company are being told not to talk to him because they might be called to testify, that’s a change too,” said Moscow. “If I’m representing someone in that office, I would have to advise my client that someone like him may flip and may be wearing a wire.”Bloomberg
- August 2021
Who's Who Legal recognized four Lewis Baach Kaufmann Middlemiss lawyers as leading asset recovery practitioners for 2021.
- August 4, 2021
A lawsuit that sought information about the drugs Indiana plans to use in lethal injections
and that motivated the Legislature to use a late-night session to keep the veil of secrecy
intact has come to a close, with the state paying more than $800,000 in legal fees and
disclosing that its supply of lethal injection drugs has long been expired.The Indiana Lawyer
- July 29, 2021
“This case had many flaws,” said Angerame’s lawyer Anthony Capozzolo. “The clients had their reputations tarnished in a way that simply was not fair or just.
“We are thankful for this decision, and the clients are eager to move on with their lives.”New York Post
- July 28, 2021
In what defense attorneys characterized as a rare outcome for a government corruption indictment, a Manhattan judge dismissed charges that the New York Attorney General’s office brought against a former World Trade Center electric operations manager and two subcontractors.
[Judge] Wiley dismissed the full indictment based on testimony before a grand jury, which Lewis Baach Kaufmann Middlemiss partner Adam Kaufmann said is a not a common outcome for a bribery indictment filed by the AG. “Indictments don’t get tossed on grand jury minutes to begin with,” Kaufmann said. He added: “This was one of the most deeply flawed cases I have ever seen.”New York Law Journal
- July 6, 2021LBKM, Human Rights First and Reprieve US file amicus brief in D.C. Circuit on behalf of Guantanamo Bay detainee
Jack Gordon of LBKM, alongside Human Rights First and Reprieve US, filed an amicus curiae brief in support of the petitioner in Abdulsalam Ali Abdulrahman al-Hela v. Biden in the U.S. Court of Appeals for the District of Columbia. The case's central question is whether the Constitution’s Due Process Clause extends to individuals detained at Guantanamo Bay. Mr. al Hela has been held at Guantanamo without charge or trial since 2004.
- July 2, 2021
"The most initial impact on Trump himself will be financial," Anthony Capozzolo, a former prosecutor in the Manhattan District Attorney's office and a former federal prosecutor in Brooklyn, told Insider. "One of the biggest collateral effects of a company being indicted is its banking relationships and other business relationships because, immediately, all of those companies have obligations, especially banks that are highly regulated. They are obligated to not do business with companies breaking the law."Business Insider
- July 1, 2021
Former President Donald Trump's company and its Chief Financial Officer Allen Weisselberg were indicted on 15 criminal charges Thursday for allegedly evading about $900,000 in taxes with the help of the Trump Organization and its payroll corporation. Yamiche Alcindor reports with Adam Kaufmann, former prosecutor and chief of the investigative division in the Manhattan district attorney's office.PBS News Hour
- July 1, 2021
Adam Kaufmann appeared on ABC News Prime to discuss the Trump Organization indictment and what might be next in the prosecution.ABC News
- July 1, 2021Reuters
- June 1, 2021MSNBC
- May 28, 2021
Adam Kaufmann was quoted in the Wall Street Journal on one of the assistant attorneys general working with Manhattan prosecutors on the probe into the former president.Wall Street Journal
- May 26, 2021
Adam S. Kaufmann, who served as chief of the office's investigative division, said that "it really suggests they've reached a point in their investigation where the district attorney believes there's evidence of a crime. You don't empanel a special grand jury unless you think you have a viable case."CNN
- May 26, 2021
Adam Kaufmann, who served 18 years as a prosecutor in the Manhattan district attorney’s office, appeared on MSNBC's The Last Word to discuss why witnesses are granted immunity when testifying before a grand jury in New York and what to expect of the grand jury in the criminal probe of Donald Trump.MSNBC
- May 20, 2021
John Moscow was quoted in Bloomberg on the recent announcement by New York Attorney General Letitia James that her civil probe of asset valuations by Trump and his real estate company now had a criminal component, and was being coordinated with Manhattan District Attorney Cyrus Vance.Bloomberg
- May 10, 2021Last ‘low-value’ Afghan detainee asks to be freed from Guantánamo Bay as U.S. troops leave Afghanistan
Gul “is a prisoner of war — a war that has been over for many years,” attorney Tara Plochocki argued Monday in court for his legal team, comprising people from human rights group Reprieve and the Lewis Baach Kaufmann Middlemiss law firm. “If the rule of law means anything, [he] must be released.”The Washington Post
- April 28, 2021
John Moscow, who headed the DA office’s complex crimes unit under Vance’s predecessor, said Trump’s lawyers will take aim at every aspect of a prosecution, asking even whether unauthorized persons attended grand jury sessions.
Trump lawyers may invoke the five-year statute of limitations on conduct that occurred before 2016, saying some acts can’t be prosecuted, Moscow said. The DA could respond that Trump’s absence from New York during his presidency extended the period under scrutiny to 2012 -- a back-and-forth that will chew up more courtroom time.Bloomberg
- April 28, 2021
John Moscow, a former top assistant to Manhattan District Attorney Robert Morgenthau, who competed with Giuliani for big cases and headlines in the 1980s, said the latter’s former positions more likely raised the bar for the prosecutors who sought the warrant and the judge who signed it.
“This is a search warrant for the home of the former mayor of New York City, a former high-ranking Justice Department official, and they’re saying there’s now probable cause to believe there’s evidence of a crime, that evidence exists, and it’s at his home,” said Moscow, who’s now in private practice.Bloomberg
- April 21, 2021The legal basis for indefinite detention at Guantánamo is to prevent combatants from returning to the battlefield. But what if their old battlefield is no more?The New York Times
- April 18, 2021
Eric Lewis was quoted in a Wall Street Journal article on the shifting culture of American gymnastics in the wake of abuse allegations and criminal charges.The Wall Street Journal
- April 5, 2021
Back in 2009, Eric Lewis warned In These Times readers that closing Gitmo was not enough — that if the United States wants to reaffirm the rule of law, it must ensure that all of its prisoners are given due process.In These Times
- March 25, 2021
For "any kind of foreign litigation or arbitration ... that involves transactions in U.S. dollars, there's at least a possibility that there's going to be information in the U.S. and that tends to be attractive," said Lewis Baach Kaufmann Middlemiss PLLC partner A. Katherine Toomey.Law360
- March 18, 2021
Eric Lewis appeared on Corporate Counsel Business Journal's daily podcast, In House Warrior, to discuss extradition, OFAC sanctions, and what to expect from the Biden administration.Corporate Counsel Business JournalIn House Warrior podcast
- March 17, 2021
“When I made this public records request in 2014, I never imagined that the state would spend the next seven years fighting to prevent these records from being released to the public,” Toomey wrote in an email. “Transparency is a key principle of good governance and the rule of law. The state should not be operating in secret and refusing to disclose vital information to the public.”The Indiana Lawyer
- March 2, 2021
The Indiana Supreme Court has ordered the Department of Correction to pay more than $500,000 in legal fees in a fight over one of the state's deepest, darkest secrets.
It all comes back to the convoluted legal fight that started in 2014 with a public records request from A. Katherine Toomey, a Washington, D.C., attorney who represents groups opposing the death penalty.Indianapolis Star
- February 26, 2021
Justices divided 2-2 in a case brought by a Washington, D.C., attorney against the Indiana Department of Correction over Indiana’s “secrecy statute” that prohibits disclosure of the state’s lethal injection drugs and who supplies them.
With Justice Geoffrey Slaughter not participating, the remaining justices split in an order issued Thursday. By rule, the lack of a majority affirms the rulings of Marion Circuit Judge Sheryl Lynch, ordering DOC to disclose the records, awarding $538,000 in attorney fees to Washington attorney Katherine Toomey and granting other relief.The Indiana Lawyer
- February 23, 2021
Eric Lewis, a Lewis Baach Kaufmann Middlemiss PLLC partner, told Law360 that the Civil Division is likely the branch of the DOJ most in need of a morale boost.
"It's overwhelmingly staffed by career people who have really suffered through the last four years, and they've lost a lot of good people too," he said. "These are people who just want to do their job and not impose any ideology."Law360
- February 23, 2021Lack of emails documenting decision to oust pioneering female NYPD chief is ‘exceedingly suspicious,’ judge says
A Manhattan federal judge said Tuesday it is “exceedingly suspicious” that there are minimal emails discussing the decision to force the NYPD’s first female three-star chief into retirement.New York Daily News
- February 22, 2021
John Moscow was quoted in a Bloomberg article on the U.S. Supreme Court's refusal to block a subpoena by the Manhattan District Attorney for Donald Trump's tax returns and other financial records.
“Now they have the evidence that the accounting firm and the corporation have,” said John Moscow, a former chief prosecutor for serious economic crimes at the Manhattan district attorney’s office. “At this point, Trump’s position has to be that he didn’t do anything wrong, because if he did, they’d find it.”Bloomberg
- February 16, 2021
A lawyer for Mohamed Soltan, a US citizen who has filed a lawsuit alleging torture in Egyptian custody, said that plain-clothes officers raided the homes of six family members Sunday, detaining two cousins.
"Now the Egyptian regime is arresting his relatives to try to intimidate him into silence. Such tactics have no place in the international community," said Eric Lewis, a lawyer for Soltan.Agence France-Presse (AFP)
- February 16, 2021
"Now the Egyptian regime is arresting his relatives to try to intimidate him into silence," said Soltan's lawyer Eric Lewis. "Such tactics have no place in the international community. Egypt cannot seek the benefits of membership in that community while denigrating human rights and behaving with impunity and lawlessness."CNN
- February 10, 2021Líder Legal
- February 3, 2021
Mark Mandel and Hope Comisky have left Troutman Pepper in search of something smaller after last year's merger created a 1,200-lawyer firm.Law.com Daily Report
- February 3, 2021Idealex Press
- January 27, 2021
Adam Kaufmann was quoted in an analytical piece on Manhattan District Attorney Cyrus Vance’s investigation into Trump and his organization.Financial Times
- January 26, 2021Cristián Francos appointed as Senior Vice Chair of the International Bar Association's Business Crime Committee
LBKM partner Cristián Francos has been appointed as Senior Vice Chair of the IBA’s Business Crime Committee.
- January 20, 2021
Partner Mark Leimkuhler recently spoke with Insurance Business about the new administration's approach to climate change and the implications for the insurance industry.Insurance Business
- January 19, 2021
Partner Mark Leimkuhler recently spoke with Law360 about the incoming Biden administration's potential effect on property and liability insurers, predicting that the new regime's expected focus on climate change, civil rights enforcement and other areas could lead to an uptick in claims across a wide range of policies.Law360
- January 2021
Cristián Francos been recognized as a Global Leader in Who’s Who Legal: Investigations 2021. Who’s Who Legal is one of the world’s leading directories of legal practitioners.
- January 12, 2021
Law360's Aebra Coe interviewed leaders at three law firms, including LBKM's Eric Lewis, on the changing ways that associates can demonstrate their value and engage with those in power in a pandemic-era work environment.Law360
- January 9, 2021
Manuel Varela was interviewed by Iberian Lawyer on the events surrounding the assault on the Capitol and potential legal consequences for Trump.Iberian Lawyer
- January 6, 2021
Eric Lewis was quoted in Law360 on President-elect Joe Biden's selection of Merrick Garland as the next attorney general.Law360
- January 4, 2021
A British judge rejected the US' request to extradite WikiLeaks founder Julian Assange, saying that Assange would be at greater risk of suicide in the American prison system. Eric Lewis told the British court that Assange, if extradited, would face a "best-case scenario" of 20 years in prison.Ars Technica
- December 23, 2020El Constitucional ampara al ex viceministro de Chávez Nervis Villalobos por ser encarcelado ilegalmente
Spanish newspaper El Mundo reported on a ruling by Spain's Constitutional Court holding that the imprisonment of Nervis Villalobos, a former Venezuelan official, was unconstitutional. Partner Manuel Varela represented Mr. Villalobos in the appeal.El Mundo
- December 17, 2020
Adam Kaufmann appeared on WNYC's "Trump, Inc." podcast to discuss what the Manhattan DA's investigation could mean for Trump.WNYC Studios
- December 8, 2020
- December 8, 2020
The International Academy of Financial Crime Litigators is comprised of academics and litigation professionals committed to vigorously pursuing their clients’ interest while aspiring to the highest ethical standards in criminal and civil actions in cases of economic crime. Fellowship is extended only by invitation, after careful research, to experienced individuals who have litigated cases related to economic crimes.
- November 18, 2020
A U.S. Department of Justice lawyer argued Monday that the United States can kill its own citizens without judicial review when litigation would reveal state secrets.ABA Journal
- November 17, 2020
"What the government seeks to do in this case represents a radical expansion of the concept of a 'state secret'," explained Tara Plochocki, a partner at Lewis Baach Kaufmann Middlemiss PLLC, representing Abdul Kareem. "The privilege has never been invoked to permit the government to bypass the Constitution in favour of summary execution, and we hope that the Court will not permit the government to do so here."Middle East Monitor
- November 16, 2020
Kareem’s attorney, Tara Jordan Plochocki, argued the government was radically expanding sovereignty, domestically and abroad, allowed under state-secrets privilege.
“Whether that’s in a parking lot in the United States or abroad in Syria, the government has claimed — for the first time ever in this case — that it has unfettered and unreviewable discretion to kill US citizens at will,” Plochocki said.Courthouse News Service
- November 5, 2020
Even before all the votes are in, the Trump campaign is contesting them in several states. Some may wonder if this is Bush v. Gore all over again. But it’s a much different scenario. That race hinged on a few hundred votes in a few counties in just Florida.
Jeffrey Robinson was on the Gore legal team back then. He talks to KCRW about how the current challenges might proceed.KCRW: Press Play with Madeleine Brand