Wrongly Convicted Database Record
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Charge: |
Insurance Fraud |
Sentence: |
"5 years probation and $600,000 restitution" |
Years Imprisoned: |
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Year Crime: |
1991 |
Year Convicted: |
1999 |
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: |
"Stephen Kovacs was wrongly convicted in 1999 of misprison of felony related to an insurance claim for the theft of $250,000 during a burglary in 1991 from his business in Brooklyn, New York. Kovacs founded and operated International Bullion and Metal Brokers, Inc., an importer and distributor of gold and metal jewelry. Kovacs immigrated to the U.S. from Australia and became a permanent resident in 1977. Kovacs was indicted in 1996 and pled guilty on advice of his counsel his plea wouldn't affect his status as a permanent resident of the U.S. Kovacs was sentenced to 5 years probation and ordered to pay $600,000 restitution. Kovacs' probation was terminated early in 2002 after he had paid the restitution. Years later Kovacs' reentry into the U.S. after a business trip. Koacs filed a coram nobis petition on the basis he had been provided with ineffective assistance of counsel for faulty legal advice. On March 3, 2014 the 2nd Circuit U.S. Court of Appeals issued its ruling: "For these reasons, Kovacs has established his claim of ineffective assistance of counsel and satisfies the requirements for coram nobis relief. Therefore, we reverse and remand to the district court with instructions to issue the writ and vacate Kovacs' conviction." ('Kovacs v. US, 744 F. 3d 44 (2nd Cir. 3-3-2014)" |
Conviction Caused By: |
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Innocence Proved By: |
"On March 3, 2014 the 2nd Circuit U.S. Court of Appeals issued its ruling: "For these reasons, Kovacs has established his claim of ineffective assistance of counsel and satisfies the requirements for coram nobis relief. Therefore, we reverse and remand to the district court with instructions to issue the writ and vacate Kovacs' conviction." ('Kovacs v. US, 744 F. 3d 44 (2nd Cir. 3-3-2014)" |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
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Information Source 1: |
"Kovacs v. US, 744 F. 3d 44 (2nd Cir. 3-3-2014) (Granting coram nobis petition, case closed on 3-3-2014)" |
Information Location 1: |
"http://scholar.google.com/scholar_case?case=194469222824194773&q=Kovacs+v.+United+States,+744++F.3d+44&hl=en&as_sdt=6,48" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org