United States v. Feldman

267 F. Supp. 3d 457
CourtDistrict Court, W.D. New York
DecidedJuly 17, 2017
DocketCase #14-CR-6092-FPG
StatusPublished

This text of 267 F. Supp. 3d 457 (United States v. Feldman) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Feldman, 267 F. Supp. 3d 457 (W.D.N.Y. 2017).

Opinion

DECISION AND ORDER

HON. FRANK P. GERACI, JR., Chief Judge

INTRODUCTION

Defendant Doron Feldman (“Feldman”) pleaded guilty in this case1 by way of a [460]*460written plea agreement to committing mail fraud in violation of 18 U.S.C. § 1349. ECF No. 3. He was sentenced principally to a term of 24 months imprisonment, and was ordered to pay restitution of $1.46 million. ECF No. 19. Feldman also agreed to forfeit to the United States three bank accounts as the proceeds of his crime, which totaled just shy of $1 million. See ECF No. 3 at 12-14; see also ECF Nos. 6, 10, 19. The forfeiture of those assets is not in dispute.

To collect on the restitution order, the government moved the Court to issue a writ of execution for an account held at Sentinel Benefits and Financial Group in Feldman’s name. ECF No. 21. The Court issued the Writ (ECF Nos. 22, 23) and Feldman has lodged several objections to the government’s efforts to collect his restitution obligation from the Sentinel account. See ECF Nos. 28, 36. He also seeks various forms of discovery from the government and from government officials. See ECF Nos. 42, 44.

In short, Feldman argues that (1) as part of his plea agreement, the government agreed that the forfeited bank accounts of almost $1 million would be used to satisfy his restitution obligations, and that the government has breached the plea ' agreement by not holding up that promise, and (2) that he should be permitted to depose the Assistant United States Attorneys and the case agent assigned to his matter and should receive certain internal government memoranda and letters regarding the forfeited accounts. Feldman’ requests that the Court vacate the previously issued Writ of Execution regarding the Sentinel account, and seeks an order directing the government to apply the almost $1 million in forfeited funds towards his restitution obligation. ECF No. 36 at 42.

For the following reasons, Feldman’s application to vacate the Court’s Writ of Execution on the basis that the government breached the plea agreement is DENIED, and Feldman’s application to take discovery from representatives of the United States is also DENIED.

DISCUSSION

There is no shortage of briefing from the parties in this case. Boiled down to the core arguments, Feldman argues that the government breached the plea agreement when they failed “to fulfill the promise the government made as part of the June 24 Plea Agreement to make a meaningful recommendation that the forfeited funds'be applied to restitution.” ECF No. 36 at 22. More specifically, Feldman argues that:

As part of his June 24 Plea Agreement, Dr. Feldman agreed to pay restitution in the amount of $1,460,000.00 to the University of Rochester, Department of Anesthesiology (the “University”). (Case No. 6:14-cr-06092-FPG, Doc. No. 3, ¶ 19). The prosecution represented, and the parties understood, that it would make a Restoration Recommendation to the Department of Justice that the seized funds would be applied as restitution paid to the University, and that Dr. Feldman would pay the balance of the ■restitution to the University prior to sentencing. All parties always expected that the Recommendation would be allowed.

ECF No. 36 at 4.

Because Feldman argues that the government breached the plea agreement, the Court must interpret the terms of that agreement. It is well settled that [461]*461“[p]lea agreements are interpreted in accordance with contract law principles.” United States v. Colon, 220 F.3d 48, 51 (2d Cir. 2000). In accordance with those principles, courts “look[] to the reasonable understanding of the parties as to the terms of the agreement” in order to determine whether a plea agreement has been breached. United States v. Riera, 298 F.3d 128, 133 (2d Cir. 2002). “If a contract is clear, courts must take care not to alter or go beyond the express terms of the agreement, or to impose obligations on the parties that are not mandated by the unambiguous terms of the agreement itself.” Torres v. Walker, 356 F.3d 238, 245 (2d Cir. 2004). “Moreover, a party cannot create an ambiguity in an otherwise plain agreement merely by urg[ing] different interpretations in the litigation.” Id.

Although plea agreements are interpreted in accordance with these general contract principles, the Second Circuit has noted that plea agreements are “unique contracts in which special due process concerns for fairness and the adequacy of procedural safeguards obtain.” United States v. Padilla, 186 F.3d 136, 140 (2d Cir.1999). The Second Circuit observed that:

Several rules of interpretation, consistent with general contract law principles, are suited to the delicate private and public interests that are implicated in plea agreements. First, courts construe plea agreements strictly against the Government. This is done for a variety of reasons, including the fact that the Government is usually the party that drafts the agreement, and the fact that the Government ordinarily has certain awesome advantages in bargaining power.
Second, we construe the agreement against a general background understanding of legality. That is, we presume that both parties to the plea agreements contemplated that all promises made were legal, and that the non-contracting “party” who implements the agreement (the district judge) will act legally in executing the agreement.
Finally, courts may apply general fairness principles to invalidate particular terms of a plea agreement.

Id.

The Court’s role is to “give effect to the intent of the parties as revealed by the language of their agreement.” Compagnie Financiere de CIC et de L’Union Europeenne v. Merrill Lynch, Pierce, Fenner & Smith Inc., 232 F.3d 153, 157 (2d Cir. 2000) (Sotomayor, J.)(emphasis added). “The best evidence of what parties to a written agreement intend is what they say in their writing.” Postlewaite v. McGraw-Hill, Inc., 411 F.3d 63, 69 (2d Cir. 2005) (quoting Greenfield v. Philles Records, Inc., 98 N.Y.2d 562, 569, 750 N.Y.S.2d 565, 780 N.E.2d 166 (2002)).

In other words, “[t]he words of the plea agreement control, and their meaning ‘is measured by objective, not subjective standards.” Mask v. McGinnis, 252 F.3d 85, 90 (2d Cir. 2001) (citation and quotation omitted).

In reviewing Feldman’s plea agreement, paragraph 31 is most relevant to the issue at hand, which is contained within the “Forfeiture Provisions” section of the plea agreement. That paragraph provides that:

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Bluebook (online)
267 F. Supp. 3d 457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-feldman-nywd-2017.