United States Second Circuit

The summary contempt power of FRCP rule 42(b) was impermissibly used where the allegedly contemptuous activity was failure to produce an affidavit, and the violated instruction was given in an unrecorded telephone conversation. Under such circumstances, the absence of a written record of the order alleged to have been violated precludes a conviction for criminal contempt.

Appellate Information

• Decided 12/23/2003
• Published 12/23/2003

Judges

• NEWMAN, Circuit Judge., Before:  WALKER, Chief Judge;  NEWMAN and CARDAMONE, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Robert Koppelman, New York, N.Y., submitted a brief for Defendant-Appellant., Benjamin M. Lawsky, Asst. U.S. Atty., New York, N.Y. (James B. Comey, U.S. Atty., Gary Stein, Asst. U.S. Atty., New York, N.Y., on the brief), for Appellee.