Kevin Duffy
Encyclopedia
Kevin Thomas Duffy is an American lawyer
and currently a senior judge
on the U.S. District Court for the Southern District of New York
.
degree
from Fordham College
in 1954 and a LL.B.
from the Fordham University School of Law
in 1958. He clerked
for J. Edward Lumbard
at the Second Circuit Court of Appeals
(1955–1958).
Duffy served as an Assistant United States Attorney
(1958–1959) and assistant chief of the Criminal Division (1959–1961) at the office of the United States Attorney
for the Southern District of New York before going into private practice as an associate
with the New York City firm
Whitman, Ransom & Coulson (1961–1966). He later became a partner
with Gordon & Gordon (1966–1969). Duffy later appointed New York regional administrator of the Securities and Exchange Commission office (1969–1972). His tenure as Regional Administrator of the United States Securities and Exchange Commission was in a time of turmoil in Wall Street. He is viewed by many as having been the first proponent within the Commission of what eventually became Securities Investor Protection Corporation or SIPC.
Richard Nixon
to a seat on the United States District Court for the Southern District of New York
vacated by Irving Ben Cooper
. Duffy was confirmed
by the United States Senate
on October 12, 1972, and received his commission on October 17, 1972. At that time, he became the youngest member of the federal judiciary. He assumed senior status
on January 10, 1998.
In 1973, as a new member of the Southern District, Judge Duffy was assigned one of the most complicated and difficult organized crime narcotics cases ever tried in Manhattan federal court. The case was United States v. Tramunti. Carmine Tramunti and thirty others were charged with a massive conspiracy to violate the federal narcotics laws in connection with many sales of heroin. Several defendants pleaded guilty; some cooperated and testified; three became fugitives prior to trial; one was murdered before trial; another, who was on bail, fell down a flight of stairs and fractured his skull during trial; and, an attorney for another of the defendants died suddenly during trial. With the exception of these events, it was a normal criminal trial. "Through it all, the young and relatively inexperienced Judge Duffy presided with poise, calm and good grace."
In the fall of 1985, Judge Duffy began a complicated multi-defendant trial involving the then-alleged leader and other members of the Gambino organized crime family. In an insightful pre-trial decision, he severed many defendants in the case, pointing out that if trial were held on the original indictment, the case would have been much too unwieldy and cumbersome and would have lasted more than a year. But even with the severance, the Castellano trial was an extremely difficult case to manage and on December 16, 1985, Paul Castellano, the alleged Gambino leader, and his bodyguard were gunned down outside of Sparks Steakc House on East Forty-sixth Street in Manhattan. Headlines followed; mistrial motions ensued; and through it all, an older and more experienced Judge Duffy presided with the same poise, calm and good grace he exhibited with Tramunti. See id.
Duffy also presided over the trial and conviction of the four principal perpetrators of the 1993 World Trade Center bombing
. In a recent book about the trial, "Defending Mohammad: Justice on Trial," Robert E. Precht, a defense attorney for Mohammad Salameh (who rented the yellow Ryder van that carried the explosives), accuses Judge Duffy of bias and of "essentially convicting his client before the trial ended.". Other defense lawyers have applauded the Judge's fair handling of the case and after the trial the New York Post ran a headline calling him the "Avenger."
He also presided over the trial of Ramzi Yousef, the mastermind of the Bojinka plot (the Manilla Bombing Conspiracy), to hijack planes bound for the west coast of the United States and fly them into the Pacific Ocean on a coordinated schedule. In the words of the Second Circuit, “Judge Duffy carefully, impartially, and commendably conducted the two lengthy and extraordinarily complex trials from which these appeals were taken. The fairness of the proceedings over which he presided is beyond doubt.” United States v. Yousef, 327 F.3d 56, 173 (2d Cir. 2003).
Duffy’s work on the civil side has included important and difficult litigations, including presiding over the Iranian Assets Litigation, which followed from the attachment of Iranian government assets following the taking of American hostages. He also presided over the tender offer battle in which Gulf & Western Industries, Inc. made a hostile tender offer for A&P.
Duffy presided over the significant copyright case Grand Upright Music, Ltd. v. Warner Bros. Records Inc. 780 F. Supp. 182 (S.D.N.Y. 1991), in which Warner was sued over the use of the sampling of Gilbert O'Sullivan's "Alone Again (Naturally)" by rapper Biz Markie Raymond in his song "Alone Again". Judge Duffy has been criticized for his opinion in Grand Upright v. Warner, not because the decision was wrong, but because Judge Duffy begins his opinion with the biblical admonition - "thou shalt not steal" and later referred the defendant to the U.S. Attorney suggesting criminal charges. According to The Copyright Infringement Project of UCLA Law and Columbia Law School, Judge Duffy's opinion in Grand Upright v. Warner, "an iffy understanding on the part of this judge of the facts and issues before him in this case."
Judge Duffy ruled on post-trial motions of the defendant Wadih El-Hage (bin Laden's personal secretary) who had been convicted of conspiracy to kill Americans. El-Hage was jointly tried with those who coordinated bombings of U.S. Embassies in East Africa and later moved for a new trial asserting that the Government's failed to make timely disclosure of the videotapes and transcripts of twenty-eight hours of interviews between prosecutors, FBI agents and a government witness. In an opinion spanning 54 pages of the Federal Supplement, Judge Duffy denied a motion for a new trial, after an evidentiary hearing. United States . v. Bin Laden, 397 F.Supp.2d 465 (S.D.N.Y. 2005). The Second Circuit affirmed “for the reasons stated by the District Court in its comprehensive Memorandum & Order. . . .” In re Terrorist Bombings of U.S. Embassies in East Africa, 2011 WL 222386 (2d Cir. Jan 26, 2011).
In recent years, Judge Duffy has sat by designation on the United States Court of Appeals for the Ninth Circuit. He has authored six majority published opinions for that Court.
According to The Copyright Infringement Project of UCLA Law and Columbia Law School, Judge Duffy is "one of the most often reversed judges in the Second Circuit, he was rebuked by a Circuit panel in 1996 for mistreatment of a lawyer appearing before him." Note that the link to this citation does not work and no copy of this article could be found.
Among the many honors Judge Duffy has received is the William O. Douglas Lifetime Achievement Award from the Securities Exchange Commission Alumni (1995), Dean’s Medal from Fordham Law School (1997), Honorary Doctor of Humane Letters from the College of New Rochelle and the Federal Bar Council’s Emory Buckner Award (2003).
for several different universities, including Brooklyn Law School
(1975–1980, securities
), York University Law School
(1983–1984, trial advocacy), Pace University School of Law
(1984–1986, trial advocacy), and Fordham University School of Law (1993–present, trial advocacy)
Duffy is married to his wife Irene. They have four children: Keven Thomas, Jr., Irene Moira, Gavin Edward, and Patrick Giles.
Because of his work in presiding over terrorism cases, for ten years Judge Duffy was under 24/7 protection by the U.S. Marshal Service.
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
and currently a senior judge
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
on the U.S. District Court for the Southern District of New York
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
.
Early life, education, and career
Born in New York, New York. He received an A.B.Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
degree
Academic degree
An academic degree is a position and title within a college or university that is usually awarded in recognition of the recipient having either satisfactorily completed a prescribed course of study or having conducted a scholarly endeavour deemed worthy of his or her admission to the degree...
from Fordham College
Fordham University
Fordham University is a private, nonprofit, coeducational research university in the United States, with three campuses in and around New York City. It was founded by the Roman Catholic Diocese of New York in 1841 as St...
in 1954 and a LL.B.
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
from the Fordham University School of Law
Fordham University School of Law
Fordham University School of Law is a part of Fordham University in the United States. The School is located in the Borough of Manhattan in New York City, and is one of eight ABA-approved law schools in that city.-Overview:According to the U.S. News & World Report, 1,516 J.D. students attend...
in 1958. He clerked
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
for J. Edward Lumbard
J. Edward Lumbard
Joseph Edward Lumbard, Jr. was a United States federal judge.Lumbard was born in Harlem, New York City. He attended DeWitt Clinton High School in the Bronx. In 1920, while an undergraduate Harvard University, he was expelled by its "Secret Court" of 1920 for associating with a group of...
at the Second Circuit Court of Appeals
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
(1955–1958).
Duffy served as an Assistant United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
(1958–1959) and assistant chief of the Criminal Division (1959–1961) at the office of the United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
for the Southern District of New York before going into private practice as an associate
Associate attorney
An associate attorney is a lower-level employee of a traditional law firm who does not hold an ownership interest as a partner.-Attorneys:An associate may be a junior or senior associate, but normally does not yet hold an ownership interest in the firm even if they have been associated with the...
with the New York City firm
Law firm
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other...
Whitman, Ransom & Coulson (1961–1966). He later became a partner
Partner (business rank)
A partner in a law firm, accounting firm, consulting firm, or financial firm is a highly ranked position. Originally, these businesses were set up as legal partnerships in which the partners were entitled to a share of the profits of the enterprise. The name has remained even though many of these...
with Gordon & Gordon (1966–1969). Duffy later appointed New York regional administrator of the Securities and Exchange Commission office (1969–1972). His tenure as Regional Administrator of the United States Securities and Exchange Commission was in a time of turmoil in Wall Street. He is viewed by many as having been the first proponent within the Commission of what eventually became Securities Investor Protection Corporation or SIPC.
Federal judicial service
On September 25, 1972, Duffy was nominated by PresidentPresident of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
to a seat on the United States District Court for the Southern District of New York
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
vacated by Irving Ben Cooper
Irving Ben Cooper
Irving Ben Cooper was a U. S. District Court Judge of the Federal District Court of the Southern District of New York from 1962 to 1996, having received a recess appointment from John F. Kennedy on October 5, 1961...
. Duffy was confirmed
Advice and consent
Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts, describing a situation in which the executive branch of a government enacts something previously approved of by the legislative branch.-General:The expression is...
by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on October 12, 1972, and received his commission on October 17, 1972. At that time, he became the youngest member of the federal judiciary. He assumed senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
on January 10, 1998.
Important decisions
During his long tenure on the bench Judge Duffy has presided over a number of interesting and well known matters.In 1973, as a new member of the Southern District, Judge Duffy was assigned one of the most complicated and difficult organized crime narcotics cases ever tried in Manhattan federal court. The case was United States v. Tramunti. Carmine Tramunti and thirty others were charged with a massive conspiracy to violate the federal narcotics laws in connection with many sales of heroin. Several defendants pleaded guilty; some cooperated and testified; three became fugitives prior to trial; one was murdered before trial; another, who was on bail, fell down a flight of stairs and fractured his skull during trial; and, an attorney for another of the defendants died suddenly during trial. With the exception of these events, it was a normal criminal trial. "Through it all, the young and relatively inexperienced Judge Duffy presided with poise, calm and good grace."
In the fall of 1985, Judge Duffy began a complicated multi-defendant trial involving the then-alleged leader and other members of the Gambino organized crime family. In an insightful pre-trial decision, he severed many defendants in the case, pointing out that if trial were held on the original indictment, the case would have been much too unwieldy and cumbersome and would have lasted more than a year. But even with the severance, the Castellano trial was an extremely difficult case to manage and on December 16, 1985, Paul Castellano, the alleged Gambino leader, and his bodyguard were gunned down outside of Sparks Steakc House on East Forty-sixth Street in Manhattan. Headlines followed; mistrial motions ensued; and through it all, an older and more experienced Judge Duffy presided with the same poise, calm and good grace he exhibited with Tramunti. See id.
Duffy also presided over the trial and conviction of the four principal perpetrators of the 1993 World Trade Center bombing
1993 World Trade Center bombing
The 1993 World Trade Center bombing occurred on February 26, 1993, when a truck bomb was detonated below the North Tower of the World Trade Center in New York City. The 1,336 lb urea nitrate–hydrogen gas enhanced device was intended to knock the North Tower into the South Tower , bringing...
. In a recent book about the trial, "Defending Mohammad: Justice on Trial," Robert E. Precht, a defense attorney for Mohammad Salameh (who rented the yellow Ryder van that carried the explosives), accuses Judge Duffy of bias and of "essentially convicting his client before the trial ended.". Other defense lawyers have applauded the Judge's fair handling of the case and after the trial the New York Post ran a headline calling him the "Avenger."
He also presided over the trial of Ramzi Yousef, the mastermind of the Bojinka plot (the Manilla Bombing Conspiracy), to hijack planes bound for the west coast of the United States and fly them into the Pacific Ocean on a coordinated schedule. In the words of the Second Circuit, “Judge Duffy carefully, impartially, and commendably conducted the two lengthy and extraordinarily complex trials from which these appeals were taken. The fairness of the proceedings over which he presided is beyond doubt.” United States v. Yousef, 327 F.3d 56, 173 (2d Cir. 2003).
Duffy’s work on the civil side has included important and difficult litigations, including presiding over the Iranian Assets Litigation, which followed from the attachment of Iranian government assets following the taking of American hostages. He also presided over the tender offer battle in which Gulf & Western Industries, Inc. made a hostile tender offer for A&P.
Duffy presided over the significant copyright case Grand Upright Music, Ltd. v. Warner Bros. Records Inc. 780 F. Supp. 182 (S.D.N.Y. 1991), in which Warner was sued over the use of the sampling of Gilbert O'Sullivan's "Alone Again (Naturally)" by rapper Biz Markie Raymond in his song "Alone Again". Judge Duffy has been criticized for his opinion in Grand Upright v. Warner, not because the decision was wrong, but because Judge Duffy begins his opinion with the biblical admonition - "thou shalt not steal" and later referred the defendant to the U.S. Attorney suggesting criminal charges. According to The Copyright Infringement Project of UCLA Law and Columbia Law School, Judge Duffy's opinion in Grand Upright v. Warner, "an iffy understanding on the part of this judge of the facts and issues before him in this case."
Judge Duffy ruled on post-trial motions of the defendant Wadih El-Hage (bin Laden's personal secretary) who had been convicted of conspiracy to kill Americans. El-Hage was jointly tried with those who coordinated bombings of U.S. Embassies in East Africa and later moved for a new trial asserting that the Government's failed to make timely disclosure of the videotapes and transcripts of twenty-eight hours of interviews between prosecutors, FBI agents and a government witness. In an opinion spanning 54 pages of the Federal Supplement, Judge Duffy denied a motion for a new trial, after an evidentiary hearing. United States . v. Bin Laden, 397 F.Supp.2d 465 (S.D.N.Y. 2005). The Second Circuit affirmed “for the reasons stated by the District Court in its comprehensive Memorandum & Order. . . .” In re Terrorist Bombings of U.S. Embassies in East Africa, 2011 WL 222386 (2d Cir. Jan 26, 2011).
In recent years, Judge Duffy has sat by designation on the United States Court of Appeals for the Ninth Circuit. He has authored six majority published opinions for that Court.
Praise & Criticism
According to The Almanac of the Federal Judiciary (2004), lawyers who have appeared before Judge Duffy describe him as an unpleasant and difficult judge to appear before, quoting one lawyer as stating: "He's mercurial. He can be a brute." Others, however note that "during his twenty years as a member of the federal judiciary, Judge Duffy has impressed litigants, lawyers, jurors and his colleagues as a jurist of rare legal acumen who gets right to the core of a case, a human being of unusual common sense, humor and humility."According to The Copyright Infringement Project of UCLA Law and Columbia Law School, Judge Duffy is "one of the most often reversed judges in the Second Circuit, he was rebuked by a Circuit panel in 1996 for mistreatment of a lawyer appearing before him." Note that the link to this citation does not work and no copy of this article could be found.
Among the many honors Judge Duffy has received is the William O. Douglas Lifetime Achievement Award from the Securities Exchange Commission Alumni (1995), Dean’s Medal from Fordham Law School (1997), Honorary Doctor of Humane Letters from the College of New Rochelle and the Federal Bar Council’s Emory Buckner Award (2003).
Other activities
Duffy has served as an adjunct professorProfessor
A professor is a scholarly teacher; the precise meaning of the term varies by country. Literally, professor derives from Latin as a "person who professes" being usually an expert in arts or sciences; a teacher of high rank...
for several different universities, including Brooklyn Law School
Brooklyn Law School
Brooklyn Law School is a law school located in Brooklyn Heights, in Downtown Brooklyn, New York.-History:Founded in 1901 by William Payson Richardson and Norman P. Heffley, Brooklyn Law School was the first law school on Long Island. Using space provided by Heffley’s business school, the law...
(1975–1980, securities
Security (finance)
A security is generally a fungible, negotiable financial instrument representing financial value. Securities are broadly categorized into:* debt securities ,* equity securities, e.g., common stocks; and,...
), York University Law School
Osgoode Hall Law School
Osgoode Hall Law School is a Canadian law school, located in Toronto, Ontario, Canada and affiliated with York University. Named after the first Chief Justice of Ontario, William Osgoode, the law school was established by The Law Society of Upper Canada in 1889 and was the only accredited law...
(1983–1984, trial advocacy), Pace University School of Law
Pace University School of Law
Pace University School of Law, known colloquially as "Pace Law School", is the law school of Pace University, a comprehensive, independent, and diversified university with campuses in New York City and Westchester County...
(1984–1986, trial advocacy), and Fordham University School of Law (1993–present, trial advocacy)
Duffy is married to his wife Irene. They have four children: Keven Thomas, Jr., Irene Moira, Gavin Edward, and Patrick Giles.
Because of his work in presiding over terrorism cases, for ten years Judge Duffy was under 24/7 protection by the U.S. Marshal Service.
Sources
- FOCUS ON: Judge Kevin Thomas Duffy
- Defense Lawyer Revisits Terrorism Trial With a Critical Eye, BENJAMIN WEISER, New York Times (July 5, 2003). New York Times Article