Robert W. Sweet

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Robert Workman Sweet
Senior Judge of United States District Court for the Southern District of New York
Assumed office
March 1, 1991
Judge of United States District Court for the Southern District of New York
In office
April 28, 1978 – March 1, 1991
Nominated by Jimmy Carter
Preceded by Inzer B. Wyatt
Succeeded by Harold Baer, Jr.
Personal details
Born (1922-10-15) October 15, 1922 (age 93)[1]
Yonkers, New York, U.S.
Alma mater Yale University
Yale Law School

Robert Workman Sweet (born October 15, 1922) is an American jurist, and currently a senior United States federal judge serving on the United States District Court for the Southern District of New York.

Early life and career[edit]

Sweet attended Yale University and obtained a Bachelor of Laws degree from Yale Law School in 1948. From 1953 to 1955, he was an Assistant U.S. attorney in the Southern District of New York. He served as the deputy mayor of New York City from 1966 to 1969,[2] and then spent several years as a lawyer in private practice with the large New York law firm of Skadden, Arps, Slate, Meagher & Flom.

District judge[edit]

Sweet was appointed to the federal court for the Southern District of New York by President Jimmy Carter and confirmed in 1978. He semi-retired into senior status in 1991.[2] One of Sweet's law clerks was Eliot Spitzer, who later became Governor of New York.[3]

Consumers' lawsuit against McDonald's[edit]

One controversial case he decided was Pelman v McDonald's Corp., a case involving a group of teenagers who sued McDonald's fast food chain, claiming the food sold by McDonald's caused their obesity. Sweet dismissed the case in 2003 and said "it is not the place of the law to protect them against their own excesses".[4] However, the plaintiffs appealed to United States Court of Appeals for the Second Circuit, and in 2005 the circuit court vacated the district court's dismissal and reinstated some of the claims as incorrectly dismissed.[5] (Ultimately, the lawsuit failed when it was denied class-action status in 2010.)

New York Times and Judith Miller controversy[edit]

In 2005, in New York Times v. Gonzales, Sweet decided that The New York Times can maintain the confidentiality of its sources, refusing to dismiss Times' suit against Department of Justice in the Judith Miller controversy. However, later the Second Circuit reversed his decision and allowed Special Prosecutor Patrick Fitzgerald to access phone records of New York Times journalists.[6]

Opposition to War on Drugs[edit]

Sweet has expressed strong opposition to the United States War on Drugs, saying the drug war is "expensive, ineffective and harmful" and that only "gangs and cartels benefit from current drug laws".[7] In an interview with PBS, he said that the mandatory minimum sentence for drug offenses violates due process and separation of powers.[8] With co-author Edward A. Harris he contributed a chapter[9] to Jefferson Fish's book How to Legalize Drugs.

Sweet is a member of Law Enforcement Against Prohibition, and serves on its advisory board.

Gene patents[edit]

On March 29, 2010, in Association for Molecular Pathology, et al. v. United States Patent and Trademark Office, et al., Sweet ruled that Myriad Genetics' patent on BRCA1 and BRCA2, genes linked to breast cancer, were invalid for the reason that, in Sweet's opinion, genes do not constitute patentable subject matter. His decision was 156 pages long.[10][11]

Ocala Funding lawsuit[edit]

As of November 2013, Sweet is hearing the Ocala Funding lawsuit, in which Deutsche Bank and BNP Paribas have sued Bank of America (BofA) over $1.75 billion in losses stemming from a fraud by Taylor, Bean & Whitaker while BofA was acting on behalf of Taylor, Bean as both its trustee and collateral agent for Ocala commercial paper. [12][12][13][13][14][15] The plaintiffs say their agreements required that Ocala (a conduit of Taylor, Bean which purchased home loans, and bundled them into securities which it then sold to Freddie Mac and other investors) hold $1.6 billion in cash or mortgage loans as collateral to be deposited with BofA, and that BofA breached its custodial and trustee obligations and improperly transferred billions of dollars of funds that were serving as collateral at Ocala's request.[12][13][14][16][17] Prosecutors said that Ocala Funding engaged in what was one of the largest bank frauds in United States history; Taylor Bean's former chairman and finance chief pleaded guilty in 2011-12 to $2.9 billion in fraud.[18]


  1. ^ Second Circuit redbook, 1984, pg. 147. Retrieved November 23, 2013. 
  2. ^ a b Sweet, Robert Workman[dead link]
  3. ^ "New York Governor official biography". Retrieved November 23, 2013. 
  4. ^ Court dismisses McDonald's obesity case BBC News
  5. ^ "Circuit Court allows some claims and remands – Pelman v. McDonald's Corporation". Retrieved November 23, 2013. 
  6. ^ Court Hands New York Times a Setback in Miller Case Joseph Goldstein
  7. ^ Abolition And Reform Robert W. Sweet
  8. ^ Interview: Robert Sweet PBS
  9. ^ Sweet, R. W. & Harris E. A. (1998). Moral and Constitutional considerations in support of the decriminalization of drugs. In J. M. Fish (Ed.), How to legalize drugs (pp. 430–484). Northvale, NJ: Jason Aronson.
  10. ^ Begley, Sharon (March 29, 2010). "In Surprise Ruling, Court Declares Two Gene Patents Invalid". Newsweek. Retrieved March 29, 2010. 
  11. ^ Schwartz, John and Pollack, Andrew (March 29, 2010). "Judge Invalidates Human Gene Patent". The New York Times. Retrieved March 29, 2010. 
  12. ^ a b c "Taylor Bean Liquidation Plan Is Cleared". Wall Street Journal. July 22, 2011. Retrieved April 2, 2013. 
  13. ^ a b c Amon, Elizabeth (March 28, 2011). "Stanford, BNP, Madoff, HSBC, Glaxo, Galleon in Court News". Retrieved April 2, 2013. 
  14. ^ a b Fitzgerald, Patrick (March 26, 2011). "Suits Against BofA Over Ocala Losses Can Proceed". Wall Street Journal. Retrieved April 2, 2013. 
  15. ^ "BofA sues FDIC over Taylor Bean mortgage losses". Reuters. Retrieved April 2, 2013. 
  16. ^ "Judge allows suits against BofA to proceed". Reuters. Retrieved April 2, 2013. 
  17. ^ "Fair Game; Lawsuit Reveals the Problems Inside Wall Street’s Mortgage Machine", The New York Times
  18. ^ Schoenberg, Tom (March 20, 2012). "Ex-Taylor Bean Finance Chief Admits $3 Billion Fraud Role". Business Week. Retrieved November 23, 2013.