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be N Ww ws Oo OY ~] oO WO a oO = be N Ww = Hs Oo a OY a ~] a oO a Ke) 20 21 22 23 24 25 Case 1 '19-cr-00490-RMB Document53 _ Filed 09/03/19 J8RSEPS1 to ensure that the victims in this cas Page 8 of 86 8 treated with dignity. considering th ake the court's responsibility, and manifestly within its purview, fairly and The fundamental substantive principle which applies in e government's motion is termed th abatement. This principle originated in the law. courts, It was adopted by most U.S. federal recently, it has faced some appropriate criticism. abatement is best explained in the Second Circuit case of rule of English common but more The rule of U.S. v. Wright. In that Wright case, two defendants had pled guilty to embezzlement and tax evasion. Both defendants appealed, but one of the defendants died while his appeal was pending in the Second Circuit. The Court of Appeals rule that under the rul of abatement, the judgment of conviction against the deceased defendant was required to be vaca be dismissed. defendant dies while his direct appeal as of ted and the indictment was to The Wright court held that when a convicted fF right is pending, his death abates not only the appeal, but also proceedings had during when a the course of the prosecution. The Second Circuit incidentally has also held that criminal conviction abates upon the death of a defendant, any restitution ordered as a result of that convict respect tion must also abate, and it is also ruled th t to associated forfeiture orders SOUTHERN DISTRICT REPORT ERS, (212) 805-0300 2) same with DOJ-OGR-00000646