United States Second Circuit

Defendant's conviction and sentence for conspiracy to commit mail fraud and wire fraud through telemarketing, are: 1) affirmed as to the conviction in all respects, where the ongoing collaboration between an American law enforcement agency and its foreign counterpart in the course of parallel investigations does not, without American control, direction, or an intent to evade the Constitution, give rise to a relationship between the two entities sufficient to apply the exclusionary rule to evidence obtained abroad by foreign law enforcement, and in the circumstances presented, the alleged warrantless searches and surveillance conducted by the Israeli National Police do not shock the judicial conscience; and 2) vacated in part and remanded as to defendant's sentence, where the district court committed procedural error by failing to explain adequately the sentence it imposed.

Appellate Information

• Decided 09/09/2013
• Published 09/09/2013

Judges

• CABRANES

Court

• United States Second Circuit

Counsel