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2nd Circ. Vacates Banana Seller's Embezzlement Sentence

Law360 (March 8, 2018, 9:35 PM EST) -- A Second Circuit panel on Thursday said that a New York banana distributor who was convicted of robbing his company’s profit-sharing plan has to be resentenced, but backed both the lower court’s conviction and restitution order.

The appellate court handed a win to Thomas Hoey Jr., who was convicted of embezzling about $750,000 from the Long Island Banana Co.’s profit-sharing plan in 2016 and who is also serving a 12-year sentence for distributing cocaine and tampering with a witness. While Hoey was sentenced in 2016 to...
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