Denny Chin

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Denny Chin
陳卓光
Denny Chin.jpg
Judge of the United States Court of Appeals for the Second Circuit
Incumbent
Assumed office
April 23, 2010
Appointed by Barack Obama
Preceded by Robert Sack
Judge of the United States District Court for the Southern District of New York
In office
August 10, 1994 – April 23, 2010
Appointed by Bill Clinton
Preceded by Seat established
Succeeded by Paul Oetken
Personal details
Born 1954 (age 59–60)
Kowloon, British Hong Kong
Alma mater Princeton University
Fordham University

Denny Chin (Chinese: 陳卓光; pinyin: Chén Zhuóguāng) is a judge on the United States Court of Appeals for the Second Circuit. He was a judge on the United States district court for the Southern District of New York before joining the federal appeals bench. President Clinton nominated Chin to the district court on March 24, 1994, and Chin was confirmed August 9 of that same year. On October 6, 2009, President Barack Obama nominated Chin to the federal appeals court. He was confirmed on April 22, 2010 by the U.S. Senate, filling the vacancy created by Judge Robert D. Sack who assumed senior status.[1][2][3] Chin was the first Asian American appointed as a U.S. District Judge outside of the Ninth Circuit.

Early life, education, and career[edit]

Chin was born in 1954 in Kowloon, Hong Kong and came to the U.S. in 1956. He graduated from Stuyvesant High School in 1971.[4] He received his A.B. magna cum laude, from Princeton University in 1975. In 1978, Chin graduated from Fordham University School of Law, where he was the Managing Editor of the Fordham Law Review. Chin currently teaches first year Legal Writing at Fordham as an adjunct professor.[5]

Following a 1978-1980 clerkship with Judge Henry Werker in the Southern District, Chin worked for the law firm of Davis Polk & Wardwell from 1980 to 1982.[5] He was an Assistant U.S. Attorney for the Southern District from 1982 to 1986.[6] In 1986, Chin left the U.S. Attorney's Office and started a law firm, Campbell, Patrick & Chin, with two colleagues from the U.S. Attorney's Office. In 1990, he joined the law firm Vladeck, Waldman, Elias & Engelhard, P.C., where he specialized in labor and employment law and represented employees and unions.[5]

As district judge[edit]

President Bill Clinton nominated Chin to the Southern District bench on March 24, 1994, to a new seat created by 104 Stat. 5089. The United States Senate confirmed Chin on August 9, 1994, and Chin received his commission the next day.[6]

Notable cases[edit]

In 2001, Chin rejected a motion by the Parents Television Council (PTC) to dismiss a lawsuit that the World Wrestling Federation (now World Wrestling Entertainment) filed against it.[7] At the time, the PTC had been campaigning for advertisers to withdraw sponsorship of WWE's flagship program SmackDown because it believed that the program caused the violent deaths of four children. Chin's ruling came on the grounds that WWF had a sound basis in suing the PTC over defamation, interference with business, and copyright infringement.[8] PTC and WWE settled out of court and, as part of the settlement agreement, the PTC paid WWF $3.5 million USD and PTC president Bozell issued a public apology.[9]

In Fox v. Franken Chin denied Fox News Channel (who alleged a trademark violation) an injunction against Al Franken's Book Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right.[10]

Chin also presided over the criminal prosecution of Larry Stewart, the handwriting expert who was accused of committing perjury during the trial of Martha Stewart (no relation).[11] Larry Stewart was acquitted by a jury.[12]

Chin presided over the criminal trial of Pak Dong-seon in connection with Pak's alleged involvement in the scandal surrounding the United Nations Oil-for-Food Program. Pak was convicted by a jury and sentenced by Chin to 5 years in prison.[13]

Chin dismissed the suit Sam Sloan vs. Paul Truong and Susan Polgar in which Sloan accused Susan Polgar and Paul Truong of posting thousands of obscene "Fake Sam Sloan" remarks in his name over a two-year period in an effort to win election to the board of the United States Chess Federation (Polgar and Truong were elected to the board and Sloan was defeated).

Most recently, Chin presided over the criminal trial of Oscar Wyatt, the Texas oil executive accused of making kick-backs to the Saddam Hussein regime during the UN Oil-For-Food Program. In the middle of his trial, Wyatt changed his plea to guilty as part of a plea bargain with the government.[14]

He was assigned the Google Book Search Settlement Agreement case on January 8, 2009, after the death of the previous supervising judge. On March 23, 2011, Chin rejected Google's plan to digitize every book published, saying the plan violated copyright laws, as stated by The New York Times [1]

In 2012 Chin presided over the criminal sentencing of Anil Kumar, a senior executive of McKinsey and Company in the Galleon Group insider trading investigation. Chin sentenced Kumar to 2 years of probation.[15]

U.S. v. Madoff[edit]

In 2009 Chin presided over U.S. v. Madoff. Madoff admitted to committing securities fraud via a Ponzi scheme starting in the early 1980s, which involved potentially as much as $65 billion. On March 12, 2009, Madoff pleaded guilty to 11 federal charges relating to the scheme. Following his pleading, Chin revoked Madoff's $10 million bail and ordered him to report immediately to jail at the request of the federal prosecutors, citing that Madoff had both the resources and the incentive to flee before his formal sentencing.[16] On June 29, 2009, Chin accepted the prosecutor's recommendation to sentence Madoff to a prison term of 150 years, thus effectively handing down a life sentence.[17] Chin explained that imposing the maximum sentence on Madoff was appropriate because he had concluded that Madoff's crimes were "extraordinary evil" and wanted the sentence to have a stronger deterrent effect.[18]

As circuit judge[edit]

On October 6, 2009, President Obama nominated Chin to the United States Court of Appeals for the Second Circuit. The United States Senate Committee on the Judiciary reported Chin's nomination to the full Senate on December 10, 2009[19] and he was confirmed by a 98–0 vote on April 22, 2010.[20]

See also[edit]

References[edit]

  1. ^ "President Obama Nominates Judge Denny Chin for United States Court of Appeals for the Second Circuit, Judge O. Rogeriee Thompson for United States Court of Appeals for the First Circuit". whitehouse.gov. October 6, 2009. 
  2. ^ Weiser, Benjamin (2009-09-09). "Judge Who Sentenced Madoff to Be Nominated to Higher Court". The New York Times. Retrieved 2009-09-09. 
  3. ^ http://thehill.com/blogs/blog-briefing-room/news/61843-obama-names-madoff-case-judge-to-fill-sotomayor-spot
  4. ^ "U.S. District Judge Denny Chin to Address Spring 2009 Law Graduates" (Press release). University of Miami. May 21, 2009. Retrieved September 16, 2009. 
  5. ^ a b c "Adjunct Faculty — Profiles: Denny Chin". law.fordham.edu. 
  6. ^ a b "Chin, Denny". Federal Judicial Center. Retrieved 2009-06-29. 
  7. ^ Dempsey, John (2001-05-28). "WWF wins round 1 against parents org". Variety. Retrieved 2009-06-30. 
  8. ^ "Judge rejects Parents Television Council motion to Dismiss Lawsuit" (Press release). World Wrestling Entertainment. 2001-05-24. 
  9. ^ "World Wrestling Entertainment Settles Lawsuit With Parents Television Council; Founder Brent Bozell Issues Apology" (Press release). World Wrestling Entertainment. 2002-07-08. 
  10. ^ Fox News Drops Franken Lawsuit, CBS News, Aug. 25, 2003
  11. ^ Judge Denies Application Involving Martha Stewart Trial Ink Expert, Westport Now, Aug. 11, 2004
  12. ^ Government Witness in Martha Stewart Trial Not Guilty of Lying, Westport Now, Oct. 5, 2004
  13. ^ Korean businessman guilty in oil-for-food case, Associated Press, Jul. 13, 2006; 5-year sentence in oil-for-food scheme, Associated Press, Feb. 13, 2007
  14. ^ Texas oilman Wyatt sentenced to year in prison, The Washington Post, Nov. 27, 2007
  15. ^ http://www.bostonglobe.com/business/2012/07/19/anil-kumar-gets-years-probation-galleon-case/twKJABb2ggb4cics91Qn0I/story.html
  16. ^ Madoff Goes to Jail After Guilty Pleas to All Charges, The New York Times, Mar. 12, 2009
  17. ^ Madoff Is Sentenced to 150 Years for Ponzi Scheme, The New York Times, June 29, 2009
  18. ^ Weiser, Benjamin (June 28, 2011). "Judge Recounts His Thoughts in Madoff Sentencing". The New York Times. 
  19. ^ http://judiciary.senate.gov/nominations/111thCongressJudicialNominations/Materials111thCongress.cfm
  20. ^ Senate Roll Call Vote 123, April 22, 2010

External links[edit]

Legal offices
New seat Judge of the United States District Court for the Southern District of New York
1994–2010
Succeeded by
Paul Oetken
Preceded by
Robert Sack
Judge of the United States Court of Appeals for the Second Circuit
2010–present
Incumbent