Wednesday, September 13, 2017

A legal analysis of the Golb-DSS impersonation case

SECOND CIRCUIT CRIMINAL LAW BLOG: Of Dead Sea Scrolls and Criminal Impersonation (Patterson Belknap Webb & Tyler LLP). Some might be interested in this detailed legal analysis of the Raphael Golb identity-theft case and its various appeals. The post concludes:
This decision is worth a read for those interested in a host of different subjects: the AEDPA, the constitutional limits of the New York forgery statute, and the controversy over the authorship of the Dead Sea Scrolls. From a legal perspective, the opinion of the Court may be most cited for its narrowing of the New York criminal forgery statute. As the Court noted, many people have used pseudonyms for legitimate purposes, and the Circuit’s decision makes clear that such use will not be punished with the criminal law. There must be more than intent to deceive; there must be intent to cheat, defraud, or deprive by deception. The absence of such intent in connection with some of the controversial emails at the heart of this appeal led to the reversal of certain counts of conviction.
Background here and many links.

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