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IN THE MATTER OF SCHWARTZ v. MORGENTHAU

23 A.D.3d 231 (2005)

803 N.Y.S.2d 554

In the Matter of LAWRENCE SCHWARTZ, Respondent, v. ROBERT M. MORGENTHAU, as District Attorney of the County of New York, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

November 15, 2005.

On May 15, 2000, in federal court, petitioner pleaded guilty to two counts of insider trading related charges. Three weeks later, the judge sentenced him to a term of imprisonment followed by three years of supervised release. One condition of his supervised release required him to pay $786,402 in restitution in accordance with a civil consent decree he entered with the Securities and Exchange Commission.

Thereafter, on June 16, 2000, petitioner pleaded guilty in...

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