P. Kevin Castel

Peter Kevin Castel
Castel in 2014
Senior Judge of the United States District Court for the Southern District of New York
Incumbent
Assumed office
August 5, 2017
Judge of the United States District Court for the Southern District of New York
In office
September 22, 2003 – August 5, 2017
Appointed byGeorge W. Bush
Preceded byLawrence M. McKenna
Succeeded byPhilip M. Halpern
Personal details
Born
Peter Kevin Castel

(1950-08-05) August 5, 1950 (age 74)
Jamaica, New York, U.S.
EducationSt. John's University (BS, JD)

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

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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.[1]

Federal judicial service

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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.[2]

Notable cases

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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.[3]

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.[4]

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.[5]

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.[6] After Castel issued a lengthy decision,[7] the parties settled the claims for $850 million.[8]

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.[9]

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.[10]

S.E.C. v. Telegram Group, Inc., 19 Civ. 9439: In a March 2020 decision,[11] 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.[12] Telegram later agreed to pay $18.5 million in civil penalties.[13]

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.[14]

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".[15]

References

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  1. ^ Martindale-Hubbell Law Directory: Alphabetical index. Martindale-Hubbell. June 9, 2017. ISBN 9781561603763 – via Google Books.
  2. ^ P. Kevin Castel at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
  3. ^ Billboard Staff (June 2, 2006). "Kanye, Ludacris Prevail In Copyright Case". Billboard. Retrieved February 25, 2022.
  4. ^ "BofA pays $2.4 billion to settle claims over Merrill". Reuters. September 28, 2012. Retrieved February 25, 2022.
  5. ^ Williams, Paige (January 21, 2013). "Bones of Contention". The New Yorker. Retrieved February 25, 2022.
  6. ^ "U.S. judge cuts back $2 billion mortgage bond case against UBS". Reuters. September 6, 2016. Retrieved February 28, 2022.
  7. ^ "U.S. Bank, Nat'l Ass'n v. UBS Real Estate Sec. Inc., 205 F. Supp. 3d 386 | Casetext Search + Citator". casetext.com. Retrieved February 28, 2022.
  8. ^ "US Bank Settles With UBS For $850M In Put-Back Suit - Law360". www.law360.com. Retrieved February 28, 2022.
  9. ^ Vockrodt, Steve (January 5, 2018). "Payday lender Scott Tucker gets 16 years, 8 months in prison for $2 billion ripoff scheme". The Kansas City Star. Retrieved February 25, 2022.
  10. ^ Anderson, Jon Lee (November 5, 2021). "Is the President of Honduras a Narco-Trafficker?". The New Yorker. Retrieved February 25, 2022.
  11. ^ "Securities and Exchange Commission v. Telegram Group Inc. et al, No. 1:2019cv09439 - Document 227 (S.D.N.Y. 2020)". Justia Law. Retrieved February 28, 2022.
  12. ^ "SEC v. Telegram: A Groundbreaking Decision in Cryptocurrency Enforcement? | Insights | Greenberg Traurig LLP". www.gtlaw.com. Retrieved February 28, 2022.
  13. ^ "Telegram to pay $18.5 million, return investor money to settle SEC charges". Reuters. June 26, 2020.
  14. ^ Hagey, Tripp Mickle and Keach (January 14, 2022). "Google Misled Publishers and Advertisers, Unredacted Lawsuit Alleges". Wall Street Journal. ISSN 0099-9660. Retrieved February 25, 2022.
  15. ^ Brodkin, Jon (June 23, 2023). "Lawyers have real bad day in court after citing fake cases made up by ChatGPT". Ars Technica.
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Legal offices
Preceded by Judge of the United States District Court for the Southern District of New York
2003–2017 		Succeeded by
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