Court of Appeals Dismisses Enterprise Corruption Indictment

On November 27, 2018, New York’s Court of Appeals dismissed the Enterprise Corruption indictment against OAD client, Damian Jones, finding that “the proof elicited at trial was not legally sufficient to establish the elements of defendant’s knowledge of the existence of the subject criminal enterprise and the nature of its affairs or his intent to participate in such affairs.” Specifically, the Court held that “[t]he evidence of defendant’s participation in the three requisite criminal acts included in the pattern activity alone does not establish defendant’s knowledge of the existence of the criminal enterprise and the nature of its activities.” Kudos to OAD Supervising Attorney, Rosemary Herbert, and VAD Attorney, Scott Danner at Howell Shuster. You can read the decision here.