Richard M. Berman

Richard Miles Berman (born September 11, 1943) is a senior United States district judge of the United States District Court for the Southern District of New York.

Berman received his Bachelor of Science degree from Cornell University in 1964.

He earned his Juris Doctor from New York University School of Law in 1967.

He received a Diploma of Comparative Law in 1968 and a Diploma of International Law in 1970 from the University of Stockholm Faculty of Law, where he also served as Assistant to the Dean of Foreign Students.

He went into private practice at Davis Polk & Wardwell in 1970.

In 1974, he became Executive Assistant to United States Senator Jacob K. Javits in 1974.

Berman served as Executive Assistant to United States Senator Jacob K. Javits from 1974 to 1978.

(In 1977, he was named Executive Director of the New York State Alliance to Save Energy, co-chaired by Senators Javits and Daniel Patrick Moynihan. A year later, he was appointed General Counsel and Executive Vice President of the Warner Cable Corporation, a position he held until 1986, when he returned to private practice as a partner of LeBoeuf, Lamb, Greene & MacRae. Berman currently serves on the board of directors of the Cornell University School of Industrial and Labor Relations Alumni Association.

Berman was appointed by Mayor Giuliani as judge of the New York State Family Court for Queens County (1995 to 1998).

He received a Master of Social Work from Fordham University in 1996.

On May 21, 1998, he was named by President Bill Clinton to a seat on the District Court for the Southern District of New York.

He was confirmed by the United States Senate on October 21, 1998.

Berman assumed senior status on September 11, 2011.

He is a member of the New York State-Federal Judicial Council, which is concerned with issues of interest to the state and federal judiciary.

Berman served as Chairman of the Council from 2011 to 2012.

In August 2015, Berman enjoined the U.S. Securities and Exchange Commission from continuing its securities law administrative proceedings against Barbara Duka, finding that the SEC's administrative law judges had been appointed in violation of the Appointments Clause in the U.S. Constitution.

Upon appeal, the injunction was dissolved based upon the Second Circuit's holding in SEC v. Tilton that parties "must await a final SEC order before raising their Appointments Clause claim in federal court."

Berman presided over New England Patriots quarterback Tom Brady's case involving a four-game suspension levied against him by the National Football League for Brady's alleged role in the 2015 "Deflategate" matter.

After unsuccessful efforts to bring about a settlement, Berman overturned Brady's suspension in an opinion dated September 3, 2015, finding significant legal deficiencies attending Brady's suspension.

These included the NFL's disregard of the rules and penalties regarding handling of footballs once they have left the locker room; denial of the opportunity for Brady to examine one of the two lead NFL investigators; and denial of access to investigative files.

Rahimi was convicted of all counts related to the September 2016 bombing in the Chelsea neighborhood of New York City, in which 31 people were injured.

On April 25, 2016, a panel of the Court of Appeals for the Second Circuit reversed on the grounds that the Players Association had signed an arbitration agreement, and NFL Commissioner Roger Goodell's authority to implement the suspension.

In dissent, Chief Judge Robert Katzmann determined that it was improper for the NFL Commissioner to review in arbitration his own decision to suspend Brady.

In October 2017, Berman presided over the criminal jury trial of Ahmad Khan Rahimi, also known as the "Chelsea bomber."

In November and December 2017, Berman presided over the criminal jury trial of Turkish citizen Mehmet Hakan Atilla.

Atilla was convicted of 5 out of 6 counts in the Indictment, including conspiracies to evade U.S. sanctions against Iran and to defraud the United States, and bank fraud.

In September 2018, four individuals were charged in the “Panama Papers” conspiracy with unlawfully evading U.S. tax laws.

Two of four defendants pleaded guilty to the charges.

The remaining two defendants have not appeared in the S.D.N.Y. proceedings.

On June 21, 2018, the Supreme Court of the United States in Lucia v. SEC resolved a "circuit split" and ruled that the SEC's ALJs are officers of the United States and, as Berman had also concluded, subject to the Appointments Clause.

Rahimi was sentenced on February 13, 2018 to life in prison.

Atilla was sentenced on May 16, 2018 to 32 months in prison.

In July 2019, Berman was assigned the case of financier Jeffrey Epstein who was charged with Sex Trafficking and Conspiracy to Commit Sex Trafficking.

On July 18, 2019, Berman denied Epstein’s bail application, finding that he posed a danger to the community and that he was also a flight risk.

On July 23, 2019, Epstein attempted suicide at the Metropolitan Correctional Center (“MCC”) and on August 10, 2019 he committed suicide at the MCC.

On August 27, 2019, Berman conducted a public hearing on the government's motion to dismiss the case.

Twenty-seven alleged victims, along with the government and defense counsel, participated at the hearing.

On August 29, 2019, Berman granted the motion to dismiss.

In March 2019, Berman denied an inmate's habeas corpus petition to vacate his six-year sentence.

The Court held that the New York Penal Law § 120.05(7), or Second Degree Assault by a Convicted Prisoner, was a "crime of violence" under the United States Sentencing Guidelines and that Petitioner had waived his right to appeal.