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Wrongly Convicted Database Record
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Charge: |
Mail Fraud |
Sentence: |
"4 to 5 years probation, $12,734 fine, and $61,300.00 restitution" |
Years Imprisoned: |
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Year Crime: |
1986 |
Year Convicted: |
1995 |
Year Cleared: |
1997 |
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: |
"Gabriel Reguer was wrongly convicted of twice in federal court of charges related to his structuring of bank deposits in 1988 so they wouldn't exceed $10,000 and thus be subject to reporting by the bank. Geguer's first conviction was in 1988 when he pled guilty and was sentenced to 3 years probation and payment of a $150,000 fine. At his sentencing hearing Reguer admitted structuring the deposits, but he contended he didn't know it was illegal to do so. On January 10 1994 the U.S. Supreme Court ruled in Ratzlaf v. United States, 510 US 135 (1-10-1994) that trying to avoid a financial reporting requirement requires the government to prove the essential element that a defendant knew his actions were illegal. Less than two weeks after Ratzlaf was decided Reguer sent a letter to the District Court requesting that based on Ratzlaf he didn't commit a crime because he didn't know what he was doing was illegal, and he requested the Court to order withdrawal of his guilty plea and expunge his conviction and sentence. Since Reguer had completed his sentence, the District Court considered his letter to constitute a petition for coram nobis. Reguer's petition was granted by the U.S. District Court on January 9, 1995, and a new trial was ordered. Reguer was convicted by a jury on June 16, 1995 of all four counts of his indictment. The same day Reguer was released on a $100,000 personal recognizance bond. On January 26, 1996 Reguer was sentenced to serve a term of 4 to 5 years of probation, pay a fine of $12,734 (plus interest), and pay restitution in the amount of $60,500.00 to Dov Berlin and Aharon Berger, and $800 to Alfred Eidlitz, for a total of $61,300.00 in restitution. The fine and restitution imposed on all counts were concurrent and to be paid by Reguer over the term of probation at the rate of at least $200 per month. Reguer appealed. On April 10, 1997 the Second U.S. Circuit Court of Appeals vacated Gabriel Geguer's conviction, and on April 15, 1997 his indictment was dismissed by order of U.S. District Court Judge Charles P. Sifton, who had presided over Reguer's trial." |
Conviction Caused By: |
Reguer had no criminal intent to commit a crime. |
Innocence Proved By: |
"On April 10, 1997 the Second U.S. Circuit Court of Appeals vacated Gabriel Geguer's conviction, and on April 15, 1997 his indictment was dismissed by order of U.S. District Court Judge Charles P. Sifton." |
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: |
"USA v. Podde, et al, 1:88-cr-00155-CPS-2 (EDNY) (Docket as of last entry 10-30-1997)" |
Information Location 1: |
Available on Federal Court Pacer website |
Information Source 2: |
"US v. Reguer, 901 F. Supp. 515 (DC EDNY, 1-9-1995) (Granting coram nobis petition and new trial)" |
Information Location 2: |
"http://scholar.google.com/scholar_case?case=4899190565644115750&q=901+f.supp.+515&hl=en&as_sdt=6,48" |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org