David G. Ghysels Jr.

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Charge:	Conspiracy to violate one or more laws.
Sentence:	"6 months home detention, 300 hrs community service & 3 yrs probation"
Years Imprisoned:
Year Crime:	2004
Year Convicted:	2009
Year Cleared:	2014
U.S. State or Country of Crime:	New York - Federal Case
County or Region of Crime:	Kings
City of Crime:	New York City
Result:	Judicially Exonerated
Summary of Case:	"Kenneth E. Mahaffy, Jr, Timothy J. O'Connell, David G. Ghysels, Jr, Robert F. Malin, Linus N. Nwaigwe, and Keevin H. Leonard were codefendants wrongly convicted on April 22, 2009 in federal court in New York City of conspiracy to commit securities fraud in what the media dubbed the "squak box" case. The codefendant's convictions came in their retrial, because they were first tried for conspiracy in 2007, but a mistrial was declared when the jury failed to reach a unanimous verdict. A seventh defendant, Irene Santiago, pled giulty and testified as a prosecution witness in exchange for a reduced charge and the sentence of a $10 fine. After their convictions, all the defendants were sentenced by Judge John Gleeson on December 3, 2009, except for O'Connell who was sentenced on December 10. The defendants sentenced to prison were allowed to remain free on bond pending the outcome of their appeal. On August 2, 2012 the U.S. Court of Appeals for the 2nd Circuit reversed the convictions of all six defendants based on the prosecution's Brady violation of failing to disclose 30 transcripts of investigative SEC depositions taken in December 2004 that contradicted the testimony of key government witnesses. On March 28, 2013 U. S. District Court Judge John Gleeson in Brooklyn ordered "that the six defts in the above captioned case is to have their bonds exonerated and released, including any properties posted as collateral to secure the bonds. The Pre Trial Services Department is also ordered to immediately return all six passports to either the deft. or the defense counsel of record." The six defendants agreed to deferred prosecution deals that would result in dismissal of their indictments after not being charged with any crimes for periods ranging from 6 months to 5 years. On December 3, 2013 Timothy O'Connell's indictment was dismissed, on January 17, 2014 David Ghysels' indictment was dismissed, and on February 18, 2014 Linus Nwaigwe's indictment was dismissed. On November 12, 2015 O'Connell filed a federal civil rights lawsuit against the United States and the several of the federal prosecutors involved in his prosecution."
Conviction Caused By:
Innocence Proved By:	"On August 2, 2012 the U.S. Court of Appeals for the 2nd Circuit reversed the convictions of all six defendants."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"United States v. Mahaffy, 693 F. 3d 113 (2nd Cir. 2012)"
Information Location 1:	"http://scholar.google.com/scholar_case?case=11721102921074178510&q=us+v.+mahaffy+2012&hl=en&as_sdt=4,75,99,107,122,138,162,286,287,288,289,349,350,351,352,380"
Information Source 2:	"U.S. v. Mahaffy, 1:05-cr-00613, Eastern District of New York, Docket last viewed on 11-17-2015 "
Information Location 2:
Information Source 3:	"Six reach deals in securities fraud case, By Christie Smythe (staff writer), Bloomberg News, March 29, 2013"
Information Location 3:	http://www.bostonglobe.com/business/2013/03/28/all-charged-squawk-box-case-made-deals-prosecutors-say/JGGMr4XDdcbqINKeGDrnmK/story.html
Information Source 4:	"All Six Charged in Squawk-Box Case Made Deals, U.S. Says, By Christie Smythe (staff writer), Bloomberg News, March 29, 2013"
Information Location 4:	http://about.bloomberglaw.com/legal-news/all-six-charged-in-squawk-box-case-made-deals-u-s-says/
Information Source 5:
Information Location 5:
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David G. Ghysels Jr.

Charge:

Conspiracy to violate one or more laws.

Sentence:

"6 months home detention, 300 hrs community service & 3 yrs probation"

Years Imprisoned:

Year Crime:

2004

Year Convicted:

2009

Year Cleared:

2014

U.S. State or Country of Crime:

New York - Federal Case

County or Region of Crime:

Kings

City of Crime:

New York City

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

"On August 2, 2012 the U.S. Court of Appeals for the 2nd Circuit reversed the convictions of all six defendants."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"United States v. Mahaffy, 693 F. 3d 113 (2nd Cir. 2012)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=11721102921074178510&q=us+v.+mahaffy+2012&hl=en&as_sdt=4,75,99,107,122,138,162,286,287,288,289,349,350,351,352,380"

Information Source 2:

"U.S. v. Mahaffy, 1:05-cr-00613, Eastern District of New York, Docket last viewed on 11-17-2015 "

Information Location 2:

Information Source 3:

"Six reach deals in securities fraud case, By Christie Smythe (staff writer), Bloomberg News, March 29, 2013"

Information Location 3:

http://www.bostonglobe.com/business/2013/03/28/all-charged-squawk-box-case-made-deals-prosecutors-say/JGGMr4XDdcbqINKeGDrnmK/story.html

Information Source 4:

"All Six Charged in Squawk-Box Case Made Deals, U.S. Says, By Christie Smythe (staff writer), Bloomberg News, March 29, 2013"

Information Location 4:

http://about.bloomberglaw.com/legal-news/all-six-charged-in-squawk-box-case-made-deals-u-s-says/

Information Source 5:

Information Location 5:

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Book Information:

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