Katten Litigation partner Michael Rosensaft recently filed a petition in US Supreme Court on behalf of client Charles Hallinan to overturn his 2017 racketeering conviction and 14-year prison term, saying lower courts relied on unprecedented, aggressive and "troubling" legal arguments. The petition argues, as reported in Law360, that the Third Circuit incorrectly upheld an Eastern District of Pennsylvania judge's refusal to tell a jury that, to convict, they needed to find that Hallinan intentionally ran a scheme to collect on unlawful loans and debts.
"These instructions thwarted appellant's sole defense, which depended on his good faith belief that his actions were lawful and resulted in a directed verdict," the petition to the justices said. "The only pertinent question for the jury became whether petitioner knew a loan was made — which was conceded."
Read "Convicted Payday Lending 'Godfather' Appeals to High Court" in its entirety.
Also read "Payday Lending ‘Godfather’ Takes RICO Conviction to High Court," Bloomberg Law News, March 6, 2020