U.S. v. COLLINS

Docket No. 10-1048-cr.

665 F.3d 454 (2012)

UNITED STATES of America, Appellee, v. Joseph P. COLLINS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 9, 2012.


Attorney(s) appearing for the Case

Christopher L. Garcia , Assistant United States Attorney ( Justin S. Weddle , Assistant United States Attorney, on the brief), for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Appellee.

William J. Schwartz ( Jonathan P. Bach , Jason M. Koral , Reed A. Smith , Kathleen E. Cassidy , on the brief), Cooley LLP, New York, NY, for Defendant-Appellant.

Barry A. Bohrer , Alexandra A.E. Shapiro , Marc E. Isserles , for Amicus Curiae New York Council of Defense Lawyers.

Jack C. Auspitz , LaShann M. DeArcy , Amy J. Phillips , Martin Sander Kaufman , for Amicus Curiae Atlantic Legal Foundation.

Before: CALABRESI, CHIN, and CARNEY, Circuit Judges.


CHIN, Circuit Judge:

In this case, defendant-appellant Joseph P. Collins proceeded to trial on a fourteen-count indictment charging him with, inter alia, conspiracy, securities fraud, wire fraud, and bank fraud. After twenty-two days of testimony, the jury began deliberations. On the fifth day of deliberations, difficulties arose as two jurors were involved in a verbal altercation. The next day, the foreman sent a note to the court asserting that one juror...

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