P. Kevin Castel
{{Short description|American judge (born 1950)}}
{{Use mdy dates|date=May 2024}}
{{Infobox officeholder
| honorific-prefix =
| name = Peter Kevin Castel
| honorific-suffix =
| image = Judge Kevin Castel (cropped).jpg
| alt =
| caption = Castel in 2014
| office = Senior Judge of the United States District Court for the Southern District of New York
| term_start = August 5, 2017
| term_end =
| office1 = Judge of the United States District Court for the Southern District of New York
| term_start1 = September 22, 2003
| term_end1 = August 5, 2017
| nominator1 =
| appointer1 = George W. Bush
| predecessor1 = Lawrence M. McKenna
| successor1 = Philip M. Halpern
| pronunciation =
| birth_name = Peter Kevin Castel
| birth_date = {{Birth date and age|1950|08|05}}
| birth_place = Jamaica, New York, U.S.
| death_date =
| death_place =
| death_cause =
| resting_place =
| resting_place_coordinates =
| residence =
| education = St. John's University (BS, JD)
| website =
| footnotes =
}}
Peter Kevin Castel (born August 5, 1950) is a senior United States district judge of the United States District Court for the Southern District of New York.
Biography
Castel was born on August 5, 1950, in Jamaica, New York. He received a Bachelor of Science degree from St. John's University in 1972 and a Juris Doctor from St. John's University School of Law in 1975. He was a law clerk to Kevin Thomas Duffy of the United States District Court for the Southern District of New York from 1975 to 1977. He was in private practice of law at Cahill Gordon & Reindel in New York City, New York, from 1977 to 2003.{{cite book|url=https://books.google.com/books?id=sh88AQAAIAAJ&q=judge+Kevin+Castel+august+1950+born|title=Martindale-Hubbell Law Directory: Alphabetical index|date=June 9, 2017|publisher=Martindale-Hubbell|isbn=9781561603763|via=Google Books}}
=Federal judicial service=
On March 5, 2003, Castel was nominated by President George W. Bush to a seat on the United States District Court for the Southern District of New York vacated by Judge Lawrence M. McKenna. Castel was confirmed by the United States Senate on September 17, 2003, and received his commission on September 22, 2003. He assumed senior status on August 5, 2017.{{FJC Bio|nid=1391981|inline=yes}}
= Notable cases =
BMS Entertainment v. Christopher Bridges and Kanye West, 04-cv-2584: Castel presided over a 2006 copyright-infringement trial against Christopher "Ludacris" Bridges and Kanye West. Bridges and West prevailed over claims that the song "Stand Up" copied from the work of a group of New Jersey musicians.{{Cite magazine|author=Billboard Staff|date=June 2, 2006|title=Kanye, Ludacris Prevail In Copyright Case|url=https://www.billboard.com/music/music-news/kanye-ludacris-prevail-in-copyright-case-58252/|access-date=February 25, 2022|magazine=Billboard|language=en-US}}
In re: Bank of America Corp. Securities Litigation, 09-md-2058: Castel presided over a securities-fraud class action arising out of Bank of America's acquisition of Merrill Lynch & Co. during the height of the 2008 financial crisis. In 2013, Castel approved the action's settlement for $2.43 billion.{{Cite news|date=September 28, 2012|title=BofA pays $2.4 billion to settle claims over Merrill|language=en|work=Reuters|url=https://www.reuters.com/article/us-bofa-lawsuit-idUSBRE88R0PR20120928|access-date=February 25, 2022}}
United States v. One Tyrannosaurus Bataar Skeleton, 13-cv-857: Castel presided over civil forfeiture proceedings relating to the return of a rare Tyrannosaurus Bataar skeleton to the nation of Mongolia.{{Cite magazine|last=Williams|first=Paige|date=January 21, 2013|title=Bones of Contention|url=http://www.newyorker.com/magazine/2013/01/28/bones-of-contention-2|access-date=February 25, 2022|magazine=The New Yorker|language=en-US}}
U.S. Bank National Association v. UBS Real Estate Securities Inc., 12 Civ. 7322: In 2016, Castel presided over a one-month trial of claims brought by investors who asserted that defective residential loans were packaged and sold as residential mortgage-backed securities.{{Cite news |date=September 6, 2016 |title=U.S. judge cuts back $2 billion mortgage bond case against UBS |language=en |work=Reuters |url=https://www.reuters.com/article/us-ubs-lawsuit-idUSKCN11C2GL |access-date=February 28, 2022}} After Castel issued a lengthy decision,{{Cite web |title=U.S. Bank, Nat'l Ass'n v. UBS Real Estate Sec. Inc., 205 F. Supp. 3d 386 {{!}} Casetext Search + Citator |url=https://casetext.com/case/us-bank-natl-assn-v-ubs-real-estate-sec-inc |access-date=February 28, 2022 |website=casetext.com}} the parties settled the claims for $850 million.{{Cite web |title=US Bank Settles With UBS For $850M In Put-Back Suit - Law360 |url=https://www.law360.com/articles/1066843/us-bank-settles-with-ubs-for-850m-in-put-back-suit |access-date=February 28, 2022 |website=www.law360.com |language=en}}
United States v. Tucker, 16-cr-91: Castel presided over the 2017 criminal trial of Scott Tucker, who was charged with fourteen counts related to his operation of a payday-lending business. The jury returned a guilty verdict on all counts. In 2018, Castel sentenced Tucker to a term of imprisonment of sixteen years and eight months.{{Cite web|last=Vockrodt|first=Steve|date=January 5, 2018|title=Payday lender Scott Tucker gets 16 years, 8 months in prison for $2 billion ripoff scheme|url=https://www.kansascity.com/news/business/article193241289.html|access-date=February 25, 2022|website=The Kansas City Star}}
United States v. Hernandez, 15-cr-379: Castel presided over the 2019 drug trafficking trial of Juan Antonio Hernandez, a former Honduran congressman and the brother of the then-sitting president of Honduras. A jury returned a guilty verdict on all counts. In 2021, Castel sentenced Hernandez to a term of imprisonment of life plus thirty years.{{Cite magazine|last=Anderson|first=Jon Lee|date=November 5, 2021|title=Is the President of Honduras a Narco-Trafficker?|url=https://www.newyorker.com/magazine/2021/11/15/is-the-president-of-honduras-a-narco-trafficker|access-date=February 25, 2022|magazine=The New Yorker|language=en-US}}
S.E.C. v. Telegram Group, Inc., 19 Civ. 9439: In a March 2020 decision,{{Cite web |title=Securities and Exchange Commission v. Telegram Group Inc. et al, No. 1:2019cv09439 - Document 227 (S.D.N.Y. 2020) |url=https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2019cv09439/524448/227/ |access-date=February 28, 2022 |website=Justia Law |language=en}} Castel concluded that the Securities and Exchange Commission was likely to prove that a cryptocurrency issued by the Telegram company qualified as a security and was subject to federal registration requirements.{{Cite web |title=SEC v. Telegram: A Groundbreaking Decision in Cryptocurrency Enforcement? {{!}} Insights {{!}} Greenberg Traurig LLP |url=https://www.gtlaw.com/en/insights/2020/4/sec-v-telegram--a-groundbreaking-decision-in-cryptocurrency-enforcement |access-date=February 28, 2022 |website=www.gtlaw.com |language=en}} Telegram later agreed to pay $18.5 million in civil penalties.{{Cite news|url=https://www.reuters.com/article/us-usa-sec-telegram-idUSKBN23X2T5|title = Telegram to pay $18.5 million, return investor money to settle SEC charges|newspaper = Reuters|date = June 26, 2020}}
In re: Google Digital Advertising Antitrust Litigation, 21-md-3010: In 2021, Castel was assigned to preside over a group of civil actions alleging that Google's advertising auctions violated the Sherman Antitrust Act.{{Cite news|last=Hagey|first=Tripp Mickle and Keach|date=January 14, 2022|title=Google Misled Publishers and Advertisers, Unredacted Lawsuit Alleges|language=en-US|work=Wall Street Journal|url=https://www.wsj.com/articles/google-misled-publishers-and-advertisers-unredacted-lawsuit-alleges-11642176036|access-date=February 25, 2022|issn=0099-9660}}
Mata v. Avianca, Inc., 22-cv-1461 (PKC): In a June 2023 decision, Castel dismissed the personal injury case against the airline Avianca and issued a $5,000 fine to two lawyers representing the plaintiff, who had submitted fake precedents generated by ChatGPT in their briefs. He noted numerous inconsistencies in the opinion summaries, describing one of the cases' legal analysis as "gibberish".{{cite news |last1=Brodkin |first1=Jon |title=Lawyers have real bad day in court after citing fake cases made up by ChatGPT |url=https://arstechnica.com/tech-policy/2023/06/lawyers-have-real-bad-day-in-court-after-citing-fake-cases-made-up-by-chatgpt/ |work=Ars Technica |date=June 23, 2023 |language=en-us}}
References
{{Reflist}}
External links
- {{FJC Bio|nid=1391981}}
{{s-start}}
{{s-legal}}
{{s-bef|before=Lawrence M. McKenna}}
{{s-ttl|title={{nowrap|Judge of the United States District Court for the Southern District of New York}}|years=2003–2017}}
{{s-aft|after=Philip M. Halpern}}
{{s-end}}
{{United States 2nd Circuit senior district judges}}
{{Authority control}}
{{DEFAULTSORT:Castel, P. Kevin}}
Category:20th-century American lawyers
Category:21st-century American lawyers
Category:Judges of the United States District Court for the Southern District of New York
Category:Lawyers from New York City
Category:People associated with Cahill Gordon & Reindel
Category:People from Jamaica, Queens
Category:St. John's University (New York City) alumni
Category:St. John's University School of Law alumni
Category:United States district court judges appointed by George W. Bush