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ROTHSTEIN v. CARRIERE

Docket No. 02-7731.

373 F.3d 275 (2004)

Theodore ROTHSTEIN, Plaintiff-Appellee, v. Mark CARRIERE, Defendant-Appellant, and Multi-Media Distributing Co. Inc., Leisure Time Entertainment, Inc., and Leisure Time Products, Inc., Defendants.

United States Court of Appeals, Second Circuit.

Decided: June 24, 2004.

Attorney(s) appearing for the Case

Randy M. Friedberg, Olshan, Grundman, Frome, Rosenzweig & Wolosky LLP, New York, N.Y. (Thomas J. Fleming, on the brief, Arthur M. Schwartz, Cindy Schwartz, Schwartz & Goldberg P.C., Denver, CO, on the brief) for Defendant-Appellant Mark Carriere.

Elkan Abramowitz, and Noah D. Genel, Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C., New York, N.Y. (Robert F. Katzberg, Kaplan & Katzberg, New York, NY, on the brief), for Plaintiff-Appellee Theodore Rothstein.

Before: WALKER, Chief Judge, POOLER, Circuit Judge, and GLEESON, District Judge.

GLEESON, United States District Judge.

In the early 1990s, Mark Carriere and Theodore Rothstein were both engaged in the pornography business. Both were also under investigation by the federal government. In 1994, after Carriere was indicted on obscenity charges, he agreed to cooperate with the government's ongoing investigation of Rothstein. On March 18, 1994, as part of that cooperation, Carriere told the government that Rothstein controlled a company in Brooklyn...

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