724 F.Supp.3d 251
S.D.N.Y.2024Background
- Michael Cohen was sentenced in December 2018 to 36 months in prison and three years of supervised release for offenses including tax evasion and campaign finance violations.
- Cohen filed multiple unsuccessful motions seeking either a reduction of his sentence or early termination of supervised release.
- Cohen’s most recent (fourth) motion for early termination was based on his testimony in State of New York v. Donald J. Trump, which he argued showed his remorse and commitment to the law.
- That motion, prepared by Cohen’s counsel Schwartz, cited three Second Circuit cases—but the cited cases did not exist and were generated by Google Bard.
- The Court sua sponte ordered Schwartz to show cause why sanctions should not be imposed for citing non-existent cases; Cohen and Schwartz explained the error as an honest mistake without intent to deceive.
Issues
| Issue | Cohen's Argument | Government's Argument | Held |
|---|---|---|---|
| Early termination of supervised release | Cohen’s Trump trial testimony shows exceptional remorse and cooperation warranting early release | Testimony shows Cohen repudiating prior guilty plea, evidences lack of remorse, undermines sentencing objectives | Motion denied; testimony undermines purposes of supervised release |
| Sanctions for citing non-existent cases | No intent to deceive; error stemmed from misunderstanding about AI-generated citations and reliance on counsel | Citations were inexcusable negligence, but no clear evidence of bad faith/deceit | No sanctions imposed; error was negligent but not in bad faith |
Key Cases Cited
- United States v. Lussier, 104 F.3d 32 (2d Cir. 1997) (describes standards for early termination of supervised release)
- Rossbach v. Montefiore Med. Ctr., 81 F.4th 124 (2d Cir. 2023) (requires bad faith for sanctions under inherent power)
- Muhammad v. Walmart Stores E., L.P., 732 F.3d 104 (2d Cir. 2013) (bad faith requirement for sua sponte sanctions under Rule 11)