Melvin H. Miller

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Charge:	Mail Fraud & Conspiracy
Sentence:	"3 years probation, 360 hours community service, and $25,000 fine"
Years Imprisoned:
Year Crime:	1985
Year Convicted:	1991
Year Cleared:	1993
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:	"Melvin H. Miller and Jay Adolf were codefendants wrongly convicted on December 13, 1991 in federal court in Brooklyn, New York of six counts of mail fraud; one count of using a false, fictitious, and assumed name for the purpose of conducting a mail fraud; and one count of conspiracy to commit mail fraud. Miller and Adolf partners in the law firm of "Adolf & Miller," which in 1983 was retained by tenants of the Philip Howard Apartments in Brooklyn, New York to represent them in negotiations with Tiara Realty Company, the owner of the apartment complex, concerning a proposed conversion of the Philip Howard from rental units to cooperative apartments. Miller and Adolf's federal charges related to their conduct concerning the investment of their anticipated fee in a number of the apartments that Tiara was willing to sell, with the closing on April 1, 1985. After their convictions by a jury Miller and Adolf were sentenced to three years probation, 360 hours of community service, and payment of a $25,000 fine by Miller was a $10,000 fine by Adolf. As a result of his conviction Miller lost his position as speaker of the New York State Assembly, Miller was a lawyer, and the New York State Bar's Departmental Disciplinary Committee struck Miller from the roll of attorneys on the ground his felony convictions triggered his automaticy disbarrment. Miller appealed, and on June 25, 1992 the New York State Supreme Court Appellate Division (First Dept.) reversed the order to strick his name on the basis his convictions did not clearly constitute a "serious crime" under New York State's Judiciary statute, but it did uphold his suspension pending a hearing. On June 24, 1993 the U.S. Second Circuit Court of Appeals unanimously reversed Miller and Adolf's convictions on the basis the prosecution failed to introduce evidence proving their conduct was criminal under the relevant statutes. The Court's ruling stated: "Miller and Adolf's dealings with the Group may not have been a model of candor and disclosure, but they did not constitute felonies proscribed by § 1341. The judgments of conviction are reversed.""
Conviction Caused By:
Innocence Proved By:	"On June 24, 1993 the U.S. Second Circuit Court of Appeals unanimously reversed Miller and Adolf's convictions on the basis the prosecution failed to introduce evidence proving their conduct was criminal under the relevant statutes."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"US v. Miller, 997 F. 2d 1010 (2nd Cir. 6-24-1993) (Reversing convictions of Miller and Adolf.)"
Information Location 1:	"https://scholar.google.com/scholar_case?case=2804067474358317865&q=Melvin+Miller&hl=en&as_sdt=4,33,75,99,107,122,138,162,286,287,288,289,349,350,351,352,380"
Information Source 2:	"Miller Is Found Guilty of Fraud; Speaker Loses Seat in Assembly, By Arnold H. Lubasch (Staff), The New York Times, December 14, 1991"
Information Location 2:	http://www.nytimes.com/1991/12/14/nyregion/miller-is-found-guilty-of-fraud-speaker-loses-seat-in-assembly.html?pagewanted=all
Information Source 3:	"Matter of Miller, 180 AD 2d 377 (NY Appellate Div., 1st Dept. 1992) (Reversing striking Miller as NY lawyer)"
Information Location 3:	"https://scholar.google.com/scholar_case?case=10838085355885307494&q=Melvin+Miller&hl=en&as_sdt=4,33"
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Melvin H. Miller

Charge:

Mail Fraud & Conspiracy

Sentence:

"3 years probation, 360 hours community service, and $25,000 fine"

Years Imprisoned:

Year Crime:

1985

Year Convicted:

1991

Year Cleared:

1993

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 June 24, 1993 the U.S. Second Circuit Court of Appeals unanimously reversed Miller and Adolf's convictions on the basis the prosecution failed to introduce evidence proving their conduct was criminal under the relevant statutes."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"US v. Miller, 997 F. 2d 1010 (2nd Cir. 6-24-1993) (Reversing convictions of Miller and Adolf.)"

Information Location 1:

"https://scholar.google.com/scholar_case?case=2804067474358317865&q=Melvin+Miller&hl=en&as_sdt=4,33,75,99,107,122,138,162,286,287,288,289,349,350,351,352,380"

Information Source 2:

"Miller Is Found Guilty of Fraud; Speaker Loses Seat in Assembly, By Arnold H. Lubasch (Staff), The New York Times, December 14, 1991"

Information Location 2:

http://www.nytimes.com/1991/12/14/nyregion/miller-is-found-guilty-of-fraud-speaker-loses-seat-in-assembly.html?pagewanted=all

Information Source 3:

"Matter of Miller, 180 AD 2d 377 (NY Appellate Div., 1st Dept. 1992) (Reversing striking Miller as NY lawyer)"

Information Location 3:

"https://scholar.google.com/scholar_case?case=10838085355885307494&q=Melvin+Miller&hl=en&as_sdt=4,33"

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