Thomas W. Libous

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Charge:	Lying to law enforcement officer
Sentence:	"2 years probation, $50,000 fine & $100 special assessment"
Years Imprisoned:
Year Crime:	2005
Year Convicted:	2015
Year Cleared:	2017
U.S. State or Country of Crime:	New York - Federal Case
County or Region of Crime:	Broome
City of Crime:	Binghamton
Result:	Judicially Exonerated Posthumously
Summary of Case:	"Thomas W. Libous was convicted on July 22, 2015 in federal court in New York of making false statements to the FBI in violation of 18 U.S.C. § 1001. After his conviction by a jury Libous was sentenced to 2 years probation, payment of a $50,000 fine, and payment of a mandatory $100 special assessment. In sentencing Libous the judge took into consideration that Libous was diagnosed with terminal prostrate cancer and expected to only live for a year. At one time Libous was the second-highest ranking Republican in the New York Senate, and he was forced to resign when the jury convicted him. Libous' prosecution was based on him allegedly lying to FBI agents about his alleged use of his official position to obtain favors and payoffs for his son. Libous paid the fine. Libous filed an appeal, but he died in May 2016 before filing an appellate brief. Libous' wife, Frances M. Libous, acting in her capacity as the executrix of Libous’s estate, filed a motion with the U.S. Second Circuit Court of Appeals to withdraw the appeal, and under the common law doctrine of abatement that the court vacate the judgment of conviction, remand to the district court for the dismissal of the indictment, and order the return of the $50,000 fine and $100 special assessment. The government didn't contest the vacating of Libous' conviction and dismissal of his indictment, but contested the return of the fine and special assessment he had paid. On May 30, 2017 a three judge panel of the appeals court unanimously granted the motion. Libous conviction was vacated, and his case was remanded to the district court for dismissal of his indictment and return of his fine and special assessment. Abatement is based on the fact that a conviction is not final until a defendant's direct appeal is decided in the government's favor, and with a defendant's death the appeal cannot continue to resolution, therefore the interests of justice demand that the conviction be vacated."
Conviction Caused By:
Innocence Proved By:	"On May 30, 2017 a three judge panel of the appeals court unanimously granted the motion. Libous conviction was vacated, and his case was remanded to the district court for dismissal of his indictment and return of his fine and special assessment."
Defendant Aided By:
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Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"United States v. Libous, 15-3979 (2nd Cir. May 30, 2017) (Setting aside conviction based on the doctrine of abatement because Libous died of prostate cancer while his direct appeal was pending.)"
Information Location 1:	https://www.pbwt.com/content/uploads/2017/05/15-3979_opn.pdf
Information Source 2:	"Thomas Libous, New York State Senator, Is Convicted of Lying to F.B.I., By Thomas Kaplanjuly, The New York Times, July 22, 2015"
Information Location 2:	https://www.nytimes.com/2015/07/23/nyregion/thomas-libous-new-york-state-senator-is-convicted-of-lying-to-fbi.html?_r=0
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Thomas W. Libous

Charge:

Lying to law enforcement officer

Sentence:

"2 years probation, $50,000 fine & $100 special assessment"

Years Imprisoned:

Year Crime:

2005

Year Convicted:

2015

Year Cleared:

2017

U.S. State or Country of Crime:

New York - Federal Case

County or Region of Crime:

Broome

City of Crime:

Binghamton

Result:

Judicially Exonerated Posthumously

Summary of Case:

Conviction Caused By:

Innocence Proved By:

"On May 30, 2017 a three judge panel of the appeals court unanimously granted the motion. Libous conviction was vacated, and his case was remanded to the district court for dismissal of his indictment and return of his fine and special assessment."

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. Libous, 15-3979 (2nd Cir. May 30, 2017) (Setting aside conviction based on the doctrine of abatement because Libous died of prostate cancer while his direct appeal was pending.)"

Information Location 1:

https://www.pbwt.com/content/uploads/2017/05/15-3979_opn.pdf

Information Source 2:

"Thomas Libous, New York State Senator, Is Convicted of Lying to F.B.I., By Thomas Kaplanjuly, The New York Times, July 22, 2015"

Information Location 2:

https://www.nytimes.com/2015/07/23/nyregion/thomas-libous-new-york-state-senator-is-convicted-of-lying-to-fbi.html?_r=0

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Book Information:

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Book Information (2):

Movie About Case:

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