Cases
- Criminal Defense Case Study
- Federal Civil Defense
- Election Law Case
- White collar crime case study
- Hall of Fame Jockey and Overweight Jockey Case
- Sexual harassment
- Voting rights
- Estate administration
- Criminal charges—sealing motion
Criminal Defense Case Study
In 2008, Shirley Morton, a clerk working for the Albany Police Department, filed charges against Sergeant Kevin McKenna for allegedly pointing a loaded gun at her while working one evening at the police department. The alleged incident took place on January 2 while Morton was working an overtime shift. Morton’s account of the events stated that another officer proclaimed, "It’s loaded," and then Sgt. McKenna pointed a .45 caliber gun at her twice. Sgt. McKenna was indicted on a charge of menacing.
DerOhannesian and DerOhannesian represented Sgt. McKenna throughout his arrest, investigation and prosecution. Sgt. McKenna was facing a possible prison term as well as the loss of his job and pension. The jury trial took place in Albany County Court and was presided over by Judge Stephen Herrick.
From the onset of the investigation, DerOhannesian and DerOhannesian recognized Morton’s ulterior motives and cited several inconsistencies and irregularities in her statements and testimony at trial. Morton also waited several days before reporting the incident. The firm considered Morton’s criminal accusation as a means to bolster her civil case worth millions of dollars. DerOhannesian revealed to the jury that Morton filed a $35 million civil claim against Sgt. McKenna, the officer who owned the gun, the police department and various police officials.
DerOhannesian and DerOhannesian further exposed Morton’s false accounts by highlighting numerous contradictions in her testimony. During an interview with a health care provider, Morton told the interviewer that Sgt. McKenna had pointed the gun "in jest." In a crucial moment during the trial, Paul DerOhannesian held his hand sideways to demonstrate how Sgt. McKenna allegedly held the gun. Morton agreed saying that the gun had been held sideways. DerOhannesian and DerOhannesian quickly brought to the court’s attention that Morton’s demonstration contradicted her earlier testimony that the gun was held straight.
After an hour of deliberation the jury acquitted Sgt. McKenna.
Federal Civil Defense
After Sgt. McKenna was acquitted of the criminal charge of menacing against him, DerOhannesian & DerOhannesian continued its representation of this officer when he was sued, along with other members of the Albany Police Department, in federal court by the complainant Shirley Morton for the alleged January 2, 2008, incident. Ms. Morton’s claims against Sgt. McKenna included allegations of common law assault, wrongful imprisonment, intentional infliction of emotional distress and violations of her constitutional rights.
On a motion to dismiss Ms. Morton’s complaint, DerOhannesian & DerOhannesian prevailed in dismissing all federal claims made against Sgt. McKenna. The court reasoned with DerOhannesian & DerOhannesian’s analysis that Ms. Morton failed to present sufficient proof of Sgt. McKenna’s actions to sustain her complaint.
Election Law Case
In November, 2009, DerOhannesian & DerOhannesian represented Kristy L. Sprague in her candidacy for Essex County District Attorney. Sprague, who challenged the incumbent District Attorney, led the race after Election Day by 75 votes. With approximately 860 absentee votes still to be counted, the court granted DerOhannesian & DerOhannesian’s request for impoundment of all absentee ballots in order to review these ballots for fraud and illegality. DerOhannesian & DerOhannesian challenged those absentee ballots which appeared fraudulent and Sprague ultimately prevailed in the race by 125 votes and is currently serving as the District Attorney of Essex County.
White collar crime case study
In early 2008, a married couple and two Eastman Kodak executives were convicted of several crimes related to a fraudulent business operation conducted in Western New York. John Nicolo, his wife Constance Roeder, and tax executives Mark Camarata and David Finnman were all found guilty of charges including mail fraud, conspiracy, tax evasion, and money laundering. Charles Schwab, a town assessor, was also believed to be part of the illegal activity.
According to the prosecution, Schwab would give unreasonably high property assessments to property being purchased by Kodak. Finnman and Camarata would then hire John Nicolo to negotiate a lower assessment in an effort to save Kodak money. Millions of dollars were paid by Kodak to Nicolo for his services. Nicolo would then share the earnings with Schwab, Camarata, and Finnman. The scheme was carried out for a number of years dating back to 1992. Aside from the kickback scheme, John Nicolo and Constance Roeder were also charged and convicted on counts of tax fraud involving the returns for their property appraisal business.
DerOhannesian & DerOhannesian represented Constance Roeder throughout the entire legal process. Upon conviction, Ms. Roeder faced several years in prison on charges of tax fraud and conspiracy. The sentencing hearings were held in New York’s Western Federal District Court in Rochester. Federal Court Judge David G. Larimer presided over the case.
As DerOhannesian & DerOhannesian dug deep into the background and facts of the case, it became apparent to the firm that Roeder had committed minimal wrongdoing. Testimony from Ms. Roeder and several witnesses revealed a long history of abuse and mistreatment at the hands of her husband, John Nicolo. DerOhannesian & DerOhannesian argued that Nicolo was not only the mastermind of the entire conspiracy, but he also controlled all aspects of Ms. Roeder’s life. The firm presented overwhelming evidence of Ms. Roeder’s fall from prominent musician and educator to a “shell of herself” due to the isolated life she was forced to lead. Supported by the testimony of colleagues, friends, family and Ms. Roeder’s psychiatrist, DerOhannesian & DerOhannesian fought hard to keep her from further suffering. With a myriad of psychological disorders including post-traumatic stress disorder, the firm argued that Ms. Roeder had been forced to falsify tax documents or bear the consequences of physical and verbal abuse.
DerOhannesian & DerOhannesian cited several legal precedents that had been set in which a co-conspirator could receive a sentence below the advisory guidelines. Judge Larimer sentenced Constance Roeder to three years of probation. Being that the recommended sentence was 41-51 months in prison, DerOhannesian & DerOhannesian yielded great results for their client. As evidenced by the successful defense of Ms. Roeder, the victims of white collar crimes are not limited to those who have lost money.
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Hall of Fame Jockey and Overweight Jockey Case
In the fall of 2005, the New York State Attorney General brought a 291-count indictment against Braulio Baeza and Mario Sclafani involving the alleged riding of thoroughbred horses by overweight jockeys at New York State Racing Association (NYRA) operated horseracing courses from June through December 2004. Mario Sclafani, the NYRA clerk of scales, and his assistant clerk, Braulio Baeza, were the central focus of the case as they were the clerks of scales involved in the weighing of jockeys before and after each questioned race. The prosecution claimed that Sclafani and Baeza conspired with the noted jockeys to allow them to ride seven to fifteen pounds over their stated riding weights. Both men were fired by NYRA once the indictments became public.
DerOhannesian & DerOhannesian represented Baeza, a Hall-of-Fame former jockey, and Todd Greenberg, Esq., from the firm Addabbo and Greenberg in New York City, represented Sclafani during this case. Both clerks faced a maximum of seven years in prison if found guilty of charges of conspiracy, scheming to defraud, tampering with a sports contest, falsifying business records, and larceny. The case was presented in front of Judge Jerry Scarano in Saratoga County Court.
Some of the races questioned took place at the famous Saratoga Race Course, not far from the DerOhannesian & DerOhannesian office. The team at DerOhannesian zeroed in on flaws in the prosecution’s investigation and case. For example, on average, a jockey will weigh three to seven pounds more after a race than before it due to added weight from safety and riding equipment, mud, sweat and water. Racing officials stated that the clerk of scales typically subtracts the weight of safety equipment before and after a race from the official weight and will many times give allowances for dirt, water or sweat that a jockey and his equipment pick up during a race. Jockeys also typically carry more equipment to the scales after the race than before. It was questioned if the investigation made allowances for this added weight. The DerOhannesian investigation uncovered that the jockeys mentioned in this case were weighed at other tracks outside New York during the same time period where Baeza and Sclafani were not in charge and the recorded weights at those tracks were not examined by the prosecution. Many jockeys maintain a riding weight near 115 pounds, and a seven to fifteen pound gain, as alleged by the prosecution, would have been very noticeable. Through careful examination of voluminous investigative notes and records, the investigators had data which, if true, meant jockeys were gaining or losing 10-15 pounds within a few hours during the same race day. Horse owners are allowed to replace the jockey if the jockey is more than one pound over his stated riding weight, and the owner, or anyone else, would have noticed such an extreme weight fluctuation on such a small body frame. Baeza’s strong standing in the racing community also helped to bolster the defense. DerOhannesian & DerOhannesian made these inconsistencies and flawed investigative data apparent to the court, and claimed that the prosecution’s limited knowledge of horseracing procedures led it to make hasty conclusions about the defendants.
After hearing the flaws and inaccuracies in the case, the result was a dismissal of all 291 charges against Sclafani and Baeza by Judge Scarano after the prosecution’s presentation of their case, a rare event in trial. This was a major victory for DerOhannesian & DerOhannesian both professionally and personally, as the firm has close ties with the Saratoga community.
Sexual harassment
Jane Doe v. Assembly/Silver and Boxley
Jane Doe, a New York State Assembly aide, alleged that James Michael Boxley, chief counsel for Assembly Speaker Sheldon Silver (D-Manhattan), used his power to exploit the plaintiff, drug her at a work-related outing, and repeatedly rape her in her own apartment in 2003. According to the plaintiff, Boxley offered to assist in her political aspirations through a "mentorship program," and as a participant in such, she "would need to act less self-confident and more respectful and deferential towards him." Boxley was later indicted on four felony counts of rape, and pursuant to his plea agreement, entered a guilty plea to one count of sexual misconduct. This charge resulted in a misdemeanor plea, probation, a $1000 fine, and a court order to remain out of contact with the plaintiff.
DerOhannesian & DerOhannesian represented Jane Doe in a civil suit together with representation by Hillary Richard of Brune and Richard in Manhattan, that was later brought against Boxley, Silver and the Assembly of the State of New York. Associated with the suit was a former Assembly staff member who was also sexually assaulted by Boxley in 2001. This victim chose to pursue her case through internal proceedings in the Assembly in lieu of a criminal complaint. Silver declared his support for Boxley, believing that Boxley would be "completely exonerated" and that the case would be dismissed. Boxley faced no repercussions due to this complaint and denied the claims of this alleged victim.
DerOhannesian & DerOhannesian argued that because of the employer's failure to take action against negligence of Silver and the Assembly, Jane Doe was victimized by Boxley, who was known to prey on young, impressionable women in the Assembly. The Assembly and Silver were sued under the New York State Human Rights Law, which requires that places of employment implement an adequate policy regarding sexual harassment complaints. DerOhannesian & DerOhannesian presented sufficient evidence that proved Boxley was clearly responsible for the creation of a hostile work environment for the plaintiff, and that the Assembly failed to provide a proper mechanism to review and investigate sexual harassment complaints and did not issue the necessary discipline to the employee who engaged in or initiated the misconduct. Subsequently, DerOhannesian & DerOhannesian argued that Silver knew of the hostile environment Boxley created, failed to prevent further harassment caused by Boxley, did not take prompt and corrective action once a complaint was filed, and did so even though he had the proper authority to prevent and/or correct the issue.
The suit was resolved in favor of the plaintiff, who demonstrated clear emotional and psychological distress due to Boxley's actions and the Assembly's and Silver's lack of proper discretion. As a result of DerOhannesian & DerOhannesian's stalwart pursuance of the case, the plaintiff was awarded over one-half million dollars and obtained changes in the policies and procedures in the NYS Assembly for the handling of sexual harassment complaints.
Voting rights
Voting Rights Act
In 2002, the Albany County Legislature created new district lines of its 39 districts, based on population statistics from the 2000 Census. The district that was specifically examined was the 4th district of Albany County. The 4th district lines that existed from 1991 to 2002 included a constituency of 46 percent whites and 54 percent minorities. The geographical reach of this district was centered in the Arbor Hill neighborhood of Albany, an area dominated by minorities. Under the new division, as outlined in Local Law J of 2002, the 4th district expanded in the affluent, predominately white suburb of Loudonville, increasing the white population of the district to 61 percent.
According to the Albany Times-Union this litigation challenging the redistricting of the Albany County Legislature made national legal history. The lawsuit successfully obtained an injunction stopping the redistricting plan and revised lines were drawn and special elections ordered by federal courts.
DerOhannesian & DerOhannesian represented the Arbor Hill Concerned Citizens Neighborhood Association (AHCCNA), the Albany chapter of the National Association for the Advancement of Colored People (NAACP), and individual minority voters in their federal lawsuit against Albany County, claiming that the new division of county districts diluted the voting strength of minority voters by denying them a meaningful participation in Albany County legislative elections.
The legality of the lawsuit was based on Section 2 of the Voting Rights Act and the 14th Amendment of the United States Constitution. Paul DerOhannesian II was joined by Cara Fineman of the Washington, D.C.-based Lawyers' Committee for Civil Rights Under Law and Mitchell Karlan, partner in the New York City office of Gibson, Dunn and Crutcher, in representing the plaintiffs. Proving that Local Law J of 2002 unlawfully denied or abridged the voting rights of the 4th district constituents, DerOhannesian & DerOhannesian argued that district lines should have been drawn to create districts that were proportionate to the minority population of Albany County. A similar case was filed in 1991 by the NAACP, following comparable redistricting issues based on the 1990 Census. As a result of that suit, three districts were created to give minorities a greater voice in Albany County Legislature based on the proportion of minorities to whites in those areas. DerOhannesian & DerOhannesian used the ruling of that case and expert opinion to prove that the new 4th district hampered the electoral voice of the minority residents in that district.
Magistrate Judge David R. Homer recommended dismissing the 2002 boundaries, stating that Local Law J of 2002 was illegal because it disproportionately divided Albany's minority neighborhoods. Important factors that support Judge Homer's decision under the Voting Rights Act included a history of "racially polarized voting" in Albany County, the lack of minority candidates ever being elected to countywide office in Albany County's 215-year history, and the failure of any minority candidate to win elections in any predominately white district. Judge Homer also found that the county severely under-counted the number of minorities by limiting the statistics to blacks only. U.S. District Judge Norman Mordue adopted Judge Homer's recommendations and also decided to postpone elections for one year while a new district map was drawn.
After successfully obtaining a preliminary injunction of the scheduled election, the Albany County Legislature approved a new redistricting plan, Local Law E, which provided four majority/minority districts. DerOhannesian & DerOhannesian and the plaintiffs were not satisfied with the decision, finding that the creation of four districts fractured some neighborhoods too severely and did not provide a large enough percentage of minorities over whites to effect real change. Judge Mordue did not establish an election schedule to compensate for primaries and the general election skipped in 2003 because of the ongoing legal battle. DerOhannesian & DerOhannesian claimed that the hold-over of the 39 previously elected officials (who were elected in 1999 from districts created based on the 1990 Census) created new inequities beyond unfairness to minority voters, as the population of the old districts was no longer balanced. DerOhannesian & DerOhannesian also claimed that the hold-over of the legislature violated both the Voting Rights Act and the "one man, one vote" equal protection clause. On an expedited appeal, the Second Circuit Court of Appeals granted the plaintiffs' request and ordered a special election for the Albany County Legislature to be conducted promptly.
After significant litigation, Albany County agreed to settle this matter and adopt the plaintiffs' request that the boundaries of seven of the 39 legislative districts would be revised to accurately reflect and count minority voters. As the prevailing party, the plaintiffs were awarded legal fees under the Voting Rights Act.
For his work in this lawsuit, Mr. DerOhannesian received the Thurgood Marshall Justice Award from the National Association for the Advancement of Colored People (NAACP).
DerOhannesian & DerOhannesian remained committed to the case throughout its lengthy battle. There was much pressure to settle the case quickly, as looming elections were approaching quickly, but due to the perseverance of DerOhannesian & DerOhannesian, elections were fairly held under districts that were properly divided to give all citizens an equal voice in Albany County.
DerOhannesian & DerOhannesian has become a leader in defending voting rights and continues to be at the forefront of protecting the civil liberties of constituents in New York State.
Estate administration
Estate of Mary C. Turner
In January, 2002, Mary C. Turner died leaving a Last Will and Testament which made distributions to two of her three children without making a provision to one of her daughters. After the will was offered for probate, this unnamed distributee objected to the will’s validity, claiming it was the product of undue influence and that the decedent was acting under an insane delusion.
DerOhannesian & DerOhannesian represented the executor of the will and prevailed on a summary judgment motion with the Surrogate’s Court seeking dismissal of the objections to the decedent’s will. On appeal the court agreed with DerOhannesian & DerOhannesian that there was insufficient evidence to support the objectant’s claims. This heavily contested litigation spanned a seven-year period and involved a significant amount of discovery, investigation, review of medical records and appellate research.
Criminal charges—sealing motion
United States v. Roeder
As part of its representation in a high-profile case involving federal criminal charges of tax fraud and conspiracy surrounding Eastman Kodak Co. in Rochester, New York, DerOhannesian & DerOhannesian successfully argued for sealing portions of its client’s sentencing memorandum including sensitive personal information.
Rather than publicly disclosing information regarding its client’s medical history and treatment by conventionally filing such papers electronically, DerOhannesian & DerOhannesian sought leave to file portions of their motion under seal. Honorable David G. Larimer, a judge for the Western District of New York, ruled that the exhibits and any references made thereto of the defendant’s treating psychotherapist and psychiatrist which described her diagnoses, treatment and medication, should be sealed. This ruling protected DerOhannesian & DerOhannesian’s client from otherwise public disclosure of confidential physician/patient information. Ultimately, based on her individual circumstances set forth in the sentencing memorandum, the firm's client received a sentence of probation despite a guidelines range of 41-51 months incarceration.
The protection you need. The personal service you deserve.
When you need a high quality lawyer who values client relationships, contact the Albany law firm of DerOhannesian & DerOhannesian. We are dedicated to handling your case with the personal attention it deserves from inception to closure. Call us at 1-800-675-6420 or contact us online for legal counsel throughout New York State.
