Denny Chin

{{Infobox officeholder

| honorific-prefix =

| name = Denny Chin

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| image = Denny Chin (cropped).jpg

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| office = Senior Judge of the United States Court of Appeals for the Second Circuit

| term_start = June 1, 2021

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| office1 = Judge of the United States Court of Appeals for the Second Circuit

| term_start1 = April 23, 2010

| term_end1 = June 1, 2021

| appointer1 = Barack Obama

| predecessor1 = Robert D. Sack

| successor1 = Myrna Pérez

| office2 = Judge of the United States District Court for the Southern District of New York

| term_start2 = August 10, 1994

| term_end2 = April 26, 2010

| appointer2 = Bill Clinton

| predecessor2 = Seat established by 104 Stat. 5089

| successor2 = J. Paul Oetken

| pronunciation =

| birth_name = Check Kong Chin

| birth_date = {{Birth date and age|1954|4|13}}[https://books.google.com/books?id=CfLLUasQNRYC&pg=PA752 Hearings Before the Committee on the Judiciary, United States Senate, One Hundred Third Congress, First Session on Confirmations of Appointees to the Federal Judiciary, Part 4]

| birth_place = Kowloon, British Hong Kong

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| spouse = Kathy Hirata Chin

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| education = Princeton University (BA)
Fordham University (JD)

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| native_name = {{no bold|陳卓光}}

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Denny Chin (Chinese: 陳卓光; born April 13, 1954[https://books.google.com/books?id=CfLLUasQNRYC&pg=PA752 Hearings Before the Committee on the Judiciary, United States Senate, One Hundred Third Congress, First Session on Confirmations of Appointees to the Federal Judiciary, Part 4]) is a senior United States circuit judge of the United States Court of Appeals for the Second Circuit, based in New York City. He was a United States District Judge of the United States District Court for the Southern District of New York before joining the federal appeals bench. President Bill Clinton nominated Chin to the district court on March 24, 1994, and Chin was confirmed August 9 of that same year. On October 6, 2009, President Barack Obama nominated Chin to the Second Circuit. He was confirmed on April 22, 2010, by the United States Senate, filling the vacancy created by Judge Robert D. Sack who assumed senior status.{{cite news|title=President Obama Nominates Judge Denny Chin for United States Court of Appeals for the Second Circuit, Judge O. Rogeriee Thompson for United States Court of Appeals for the First Circuit|url=https://obamawhitehouse.archives.gov/the_press_office/President-Obama-Nominates-Judge-Denny-Chin-for-United-States-Court-of-Appeals-for-the-Second-Circuit-Judge-O-Rogeriee-Thompson-for-United-States-Court-of-Appeals-for-the-F/|via=National Archives|work=whitehouse.gov|date=October 6, 2009}}{{cite news|title=Judge Who Sentenced Madoff to Be Nominated to Higher Court|first=Benjamin|last=Weiser|date=September 9, 2009|access-date=September 9, 2009|newspaper=The New York Times|url=https://www.nytimes.com/2009/09/10/nyregion/10chin.html}}{{cite web|url=https://thehill.com/blogs/blog-briefing-room/news/51797-obama-names-madoff-case-judge-to-fill-sotomayor-spot/|title=Obama names Madoff case judge to fill Sotomayor spot|first=Michael|last=O'Brien|date=October 6, 2009}} Chin was the first Asian American appointed as a United States District Judge outside of the Ninth Circuit.

Early life, education, and career

Chin was born in 1954 in Kowloon, Hong Kong and came to the U.S. in 1956. He graduated from Stuyvesant High School in 1971.{{cite press release |url=http://www.miami.edu/index.php/news/releases/us_district_judge_denny_chin_to_address_spring_2009_law_graduates/ |title=U.S. District Judge Denny Chin to Address Spring 2009 Law Graduates |date=May 21, 2009 |publisher=University of Miami |access-date=September 16, 2009 |url-status=dead |archive-url=https://web.archive.org/web/20100528155400/http://www.miami.edu/index.php/news/releases/us_district_judge_denny_chin_to_address_spring_2009_law_graduates/ |archive-date=May 28, 2010 }} He graduated magna cum laude with a B.A. in psychology from Princeton University in 1975 after completing a 130-page long senior thesis titled "The Old Ones of Chinatown: A Study of the Elderly Chinese."{{Cite journal|last=Chin|first=Denny|editor-last=Princeton University. Department of Psychology|title=The Old Ones of Chinatown: A Study of the Elderly Chinese|url=https://catalog.princeton.edu/catalog/dsp01kp78gg940|language=en}} While a student at Princeton, Chin was a staff writer and later managing editor at The Daily Princetonian.{{Cite web|title=Denny Chin {{!}} Office of the Executive Vice President|url=https://evp.princeton.edu/people/denny-chin|website=evp.princeton.edu|access-date=May 28, 2020}} In 1978, Chin graduated from Fordham University School of Law with a Juris Doctor, where he was the Managing Editor of the Fordham Law Review. Chin currently teaches first year Legal Writing at Fordham as an adjunct professor.{{cite web|title=Adjunct Faculty — Profiles: Denny Chin|url=https://www.fordham.edu/info/24260/legal_writing_faculty/5856/hon_denny_chin|publisher=law.fordham.edu|access-date=December 17, 2017|archive-date=December 14, 2018|archive-url=https://web.archive.org/web/20181214070250/https://www.fordham.edu/info/24260/legal_writing_faculty/5856/hon_denny_chin|url-status=dead}}{{cite web|url=https://www.fjc.gov/history/judges/chin-denny|title=Chin, Denny - Federal Judicial Center|website=www.fjc.gov}}

Following a 1978 to 1980 clerkship with Judge Henry Frederick Werker in the Southern District, Chin worked for the law firm of Davis Polk & Wardwell from 1980 to 1982. He was an Assistant United States Attorney for the Southern District from 1982 to 1986. In 1986, Chin left the U.S. Attorney's Office and started a law firm, Campbell, Patrick & Chin, with two colleagues from the U.S. Attorney's Office. In 1990, he joined the law firm Vladeck, Waldman, Elias & Engelhard, P.C., where he specialized in labor and employment law and represented employees and unions.

Federal judicial service

President Bill Clinton nominated Chin to the Southern District bench on March 24, 1994, to a new seat created by 104 Stat. 5089. The United States Senate confirmed Chin on August 9, 1994, and Chin received his commission the next day. His service as a district court judge was terminated on April 26, 2010, when he was elevated to the court of appeals.

On October 6, 2009, President Barack Obama nominated Chin to the United States Court of Appeals for the Second Circuit. The United States Senate Committee on the Judiciary reported Chin's nomination to the full Senate on December 10, 2009{{Cite web |url=http://judiciary.senate.gov/nominations/111thCongressJudicialNominations/Materials111thCongress.cfm |title=Judicial Nomination Materials: 111th Congress |access-date=April 15, 2010 |archive-url=https://web.archive.org/web/20091104001316/http://judiciary.senate.gov/nominations/111thCongressJudicialNominations/Materials111thCongress.cfm |archive-date=November 4, 2009 |url-status=dead }} and he was confirmed by a 98–0 vote on April 22, 2010.{{cite web|url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=111&session=2&vote=00123|title=On the Nomination (Confirmation Denny Chin, of New York, to be U.S. Circuit Judge for the Second Circuit)}} He received his judicial commission on April 23, 2010. He was sworn in as a Circuit Judge on April 26, 2010.{{cite web|url=http://www.ca2.uscourts.gov/judges/bios/dc.html|title=Hon. Denny Chin}} Chin assumed senior status on June 1, 2021.{{Cite web|last=Kragie|first=Andrew|title=2nd Circ. Judge Chin Leaving Seat, Along With Pa. Trial Judge - Law360|url=https://www.law360.com/articles/1350609/2nd-circ-judge-chin-leaving-seat-along-with-pa-trial-judge|access-date=March 2, 2021|website=www.law360.com|language=en}}

=Notable cases=

In 2001, Chin rejected a motion by the Parents Television Council (PTC) to dismiss a lawsuit that the World Wrestling Federation (now World Wrestling Entertainment) filed against it.{{cite news|url=https://variety.com/2001/biz/news/wwf-wins-round-1-against-parents-org-1117800064/|title=WWF wins round 1 against parents org|last=Dempsey|first=John|date=May 28, 2001|work=Variety|access-date=June 30, 2009}} At the time, the PTC had been campaigning for advertisers to withdraw sponsorship of WWE's flagship program SmackDown because it believed that the program caused the violent deaths of four children. Chin's ruling came on the grounds that WWF had a sound basis in suing the PTC over defamation, interference with business, and copyright infringement.{{cite press release | title = Judge rejects Parents Television Council motion to Dismiss Lawsuit | publisher = World Wrestling Entertainment | date = May 24, 2001 | url = http://corporate.wwe.com/news/2001/2001_05_24.jsp | url-status = dead | archive-url = https://web.archive.org/web/20090609225904/http://corporate.wwe.com/news/2001/2001_05_24.jsp | archive-date = June 9, 2009 }} PTC and WWE settled out of court and, as part of the settlement agreement, the PTC paid WWF $3.5 million USD and PTC president Bozell issued a public apology.{{cite press release | title = World Wrestling Entertainment Settles Lawsuit With Parents Television Council; Founder Brent Bozell Issues Apology | publisher = World Wrestling Entertainment | date = July 8, 2002 | url = http://corporate.wwe.com/news/2002/2002_07_08.jsp | url-status = dead | archive-url = https://web.archive.org/web/20090609225920/http://corporate.wwe.com/news/2002/2002_07_08.jsp | archive-date = June 9, 2009 }}

In Fox v. Franken, Chin denied Fox News Channel (who alleged a trademark violation) an injunction against Al Franken's Book Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right.[https://www.cbsnews.com/news/fox-news-drops-franken-lawsuit/ Fox News Drops Franken Lawsuit], CBS News, August 25, 2003

Chin also presided over the criminal prosecution of Larry Stewart, the handwriting expert who was accused of committing perjury during the trial of Martha Stewart (no relation).[http://www.westportnow.com/index.php?/v2/comments/judge_denies_application_involving_martha_stewart_trial_ink_expert/ Judge Denies Application Involving Martha Stewart Trial Ink Expert], Westport Now, August 11, 2004 Larry Stewart was acquitted by a jury.[http://www.westportnow.com/index.php?/v2/comments/government_witness_in_martha_stewart_trial_not_guilty_of_lying/ Government Witness in Martha Stewart Trial Not Guilty of Lying], Westport Now, October 5, 2004

Chin presided over the criminal trial of Pak Dong-seon in connection with Pak's alleged involvement in the scandal surrounding the United Nations Oil-for-Food Program. Pak was convicted by a jury and sentenced by Chin to 5 years in prison.[https://www.nbcnews.com/id/wbna13849968 Korean businessman guilty in oil-for-food case], Associated Press, July 13, 2006; [http://www.pressofatlanticcity.com/news/world/special_reports/iraq/story/3560258p-12791847c.html 5-year sentence in oil-for-food scheme] {{webarchive|url=https://web.archive.org/web/20070926224433/http://www.pressofatlanticcity.com/news/world/special_reports/iraq/story/3560258p-12791847c.html |date=September 26, 2007 }}, Associated Press, February 13, 2007

Chin dismissed the suit Sam Sloan vs. Paul Truong and Susan Polgar in which Sloan accused Susan Polgar and Paul Truong of posting thousands of obscene "Fake Sam Sloan" remarks in his name over a two-year period in an effort to win election to the board of the United States Chess Federation (Polgar and Truong were elected to the board and Sloan was defeated).

Chin presided over the criminal trial of Oscar Wyatt, the Texas oil executive accused of making kick-backs to the Saddam Hussein regime during the UN Oil-For-Food Program. In the middle of his trial, Wyatt changed his plea to guilty as part of a plea bargain with the government.[https://www.washingtonpost.com/wp-dyn/content/article/2007/11/27/AR2007112701444.html Texas oilman Wyatt sentenced to year in prison]{{dead link|date=June 2021|bot=medic}}{{cbignore|bot=medic}}, The Washington Post, November 27, 2007

He was assigned the Google Book Search Settlement Agreement case on January 8, 2009, after the death of the previous supervising judge. On March 23, 2011, Chin rejected Google's plan to digitize every book published, saying the plan violated copyright laws. In November 2013, Chin dismissed Authors Guild et al. v. Google.[http://www.publishersweekly.com/pw/by-topic/digital/content-and-e-books/article/60006-google-wins-court-issues-a-ringing-endorsement-of-google-books.html Google Wins: Court Issues a Ringing Endorsement of Google Books], Publishers Weekly, November 14, 2013 On April 18, 2016, the Supreme Court turned down an appeal.[https://www.nytimes.com/2016/04/19/technology/google-books-case.html Challenge to Google Books Is Declined by Supreme Court] New York Times. April 19, 2016.

In 2012, Chin presided over the criminal sentencing of Anil Kumar, a senior executive of McKinsey and Company in the Galleon Group insider trading investigation. Chin sentenced Kumar to 2 years of probation.{{cite web|url=https://www.bostonglobe.com/business/2012/07/19/anil-kumar-gets-years-probation-galleon-case/twKJABb2ggb4cics91Qn0I/story.html|title=Anil Kumar gets 2 years' probation in Galleon case - The Boston Globe|website=The Boston Globe }}

In 2016, Chin joined the panel that upheld Tom Brady's suspension by NFL Commissioner Roger Goodell for the Deflatgate scandal.{{Cite web |last=Lessmiller |first=Kevin |date=April 25, 2016 |title=Tom Brady's 'Deflategate' Suspension Revived |url=https://www.courthousenews.com/tom-bradys-deflategate-suspension-revived/ |access-date=May 31, 2024}}

In May 2024, the Supreme Court ruled unanimously in the First Amendment case of National Rifle Association of America v. Vullo, favoring the NRA's case against New York insurance regulator Maria Vullo. This ruling overturned the decision of Chin and his two fellow Second Circuit jurists, Susan Carney and Rosemary Pooler.{{Cite news |last=Jouvenal |first=Justin |date=2024-05-30 |title=Supreme Court rules official likely violated NRA's free speech rights |url=https://www.washingtonpost.com/politics/2024/05/30/nra-first-amendment-rights-supreme-court-vullo/ |access-date=2024-05-31 |newspaper=Washington Post |language=en-US |issn=0190-8286}}{{Cite web |title=National Rifle Association of America v. Maria T. Vullo, No. 21-636 (2d Cir. 2022) |url=https://law.justia.com/cases/federal/appellate-courts/ca2/21-636/21-636-2022-09-22.html |access-date=2024-05-31 |website=Justia Law |language=en}}

==U.S. v. Madoff==

In 2009 Chin presided over U.S. v. Madoff. Madoff admitted to committing securities fraud via a Ponzi scheme starting in the early 1990s, which involved potentially as much as $65 billion. On March 12, 2009, Madoff pleaded guilty to 11 federal charges relating to the scheme. Following his pleading, Chin revoked Madoff's $10 million bail and ordered him to report immediately to jail at the request of the federal prosecutors, citing that Madoff had both the resources and the incentive to flee before his formal sentencing.[https://www.nytimes.com/2009/03/13/business/13madoff.html Madoff Goes to Jail After Guilty Pleas to All Charges], The New York Times, March 12, 2009 On June 29, 2009, Chin rejected a sentencing request from Madoff's attorneys for between 12-20 years imprisonment with the possibility of parole, and accepted the prosecutor's recommendation to sentence Madoff to a prison term of 150 years which he bluntly stated would put Madoff behind bars until he died.[https://www.nytimes.com/2009/06/30/business/30madoff.html Madoff Is Sentenced to 150 Years for Ponzi Scheme], The New York Times, June 29, 2009 Chin explained that imposing the maximum sentence on Madoff was appropriate because he had concluded that Madoff's crimes were "staggering" and "extraordinary evil" and wanted the sentence to have a stronger deterrent effect.{{cite news| url=https://www.nytimes.com/2011/06/29/nyregion/judge-denny-chin-recounts-his-thoughts-in-bernard-madoff-sentencing.html?_r=1&hp=&pagewanted=all | work=The New York Times | first=Benjamin | last=Weiser | title=Judge Recounts His Thoughts in Madoff Sentencing | date=June 28, 2011}} In 2020, when he was dying of cancer, Madoff made a bid for "compassionate release" that Chin fully rejected, citing Madoff's lack of remorse, the fact that hundreds of his victims wrote letters requesting he remain in prison and only 20 people wrote letters supporting his release bid, and the fact that his intention was for Madoff to die in prison and nothing in 11 years had changed his mind.

References

External links

[https://web.archive.org/web/20071208144525/http://www1.nysd.uscourts.gov/judge_info.php?id=40 Hon. Denny Chin, Southern District of New York Court site]
[http://www.law.virginia.edu/home2002/html/news/2003_spr/chin.htm "Chin Shares Experiences as Federal District Court Judge] {{Webarchive|url=https://web.archive.org/web/20060223164123/http://www.law.virginia.edu/home2002/html/news/2003_spr/chin.htm |date=February 23, 2006 }}, April 7, 2003, Law Grounds News, University of Virginia School of Law.
{{FJC Bio|421|nid=1379061|name=Denny Chin}}
{{Ballotpedia|Denny_Chin|Denny Chin}}
{{C-SPAN|36171}}

{{s-ttl|title={{nowrap|Judge of the United States District Court for the Southern District of New York}}|years=1994–2010}}

{{s-ttl|title={{nowrap|Judge of the United States Court of Appeals for the Second Circuit}}|years=2010–2021}}

Category:1954 births

Category:Living people

Category:American jurists of Chinese descent

Category:Assistant United States attorneys

Category:Fordham University School of Law alumni

Category:Hong Kong emigrants to the United States

Category:Judges of the United States Court of Appeals for the Second Circuit

Category:Judges of the United States District Court for the Southern District of New York

Category:Lawyers from New York City

Category:Princeton University alumni