Waiting for Gershon

by Alexander R. Cohen | Dec 29, 2011

 “The law’s delay” is proverbial; there are snails sculpted on the flagpoles at the Supreme Court. But how long should a person sit in prison waiting for the court that convicted him to decide whether what he was convicted of doing was actually a crime? Bradley J. Stinn’s lawyers think he’s been waiting too long—and they’ve asked an appellate court to order Judge Nina Gershon to make a decision.

On March 24, 2008, Stinn was convicted—after Judge Gershon removed a dissenting juror—of fraudulently inflating the financial data of the jewelry-store business he was running, thus deceiving investors. As his attorneys see it, this was just the sort of “honest services” fraud that the Supreme Court ruled, in the Skilling case, wasn’t actually prohibited: Stinn wasn’t accused of taking bribes or kickbacks, nor was his gain some victim’s loss; the only money he received was his salary and bonus. . . .