United States v. Libous, No. 15-3979 (2d Cir. 2017)Annotate this Case
Under the doctrine of abatement, the government has no right to retain fines imposed pursuant to a conviction that is subsequently vacated. In this case, the executrix of the estate of Thomas W. Libous, a former New York State Senator, moved to withdraw his appeal, vacate the underlying judgment of conviction of making false statements to the FBI, and for remand to the district court for dismissal of the indictment and return of a fine and special assessment. The Second Circuit circuit granted the motion in its entirety.