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U.S. v. CHUSID

United States District Court, S.D. New York


September 15, 2004.

UNITED STATES OF AMERICA,
v.
EUGENE CHUSID, Defendant.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

Plaintiff currently is imprisoned for civil contempt in consequence of his failure to comply with this Court's order of July 17, 2001, which ordered him to pay restitution and fines. The contempt order was affirmed by the Court of Appeals on June 15, 2004. United States v. Chusid, 372 F.3d 113 (2d Cir. 2004).

Chusid now moves for an order releasing him from custody or for other relief, arguing among other things that he has done everything he can do to comply with the Court's order.

  It is common ground that a civil contempt order is a coercive device. "`When it becomes obvious that sanctions are not going to compel compliance, they lose their remedial characteristics and take on more of the nature of punishment.'" Simkin v. United States, 715 F.2d 34, 36-37 (2d Cir. 1983) (quoting Soobzokov v. CBS, Inc., 642 F.2d 28, 31 (2d Cir. 1981)). At such time, further imprisonment would be improper. "But," as the government argues, "[t]hat time has not arrived for Chusid," Gov't Mem. 5, substantially for the reasons set forth in the government's memorandum of law. In a nutshell, this Court is far from persuaded either that Chusid lacks the capacity to comply with the order or that further incarceration will not coerce him into doing so.

  Motion denied.

  SO ORDERED.

20040915

© 1992-2004 VersusLaw Inc.



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