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Appeals court vacates conviction of former Sen. Tom Libous

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A federal appeals court has vacated the conviction of a longtime state senator from the Southern Tier who was found guilty of lying to the FBI in 2015, but died before he could complete his appeal.

The felony conviction of Tom Libous, who died of cancer in 2016, was overturned by the Second Circuit Court of Appeals in Manhattan on Tuesday. A $50,000 fine that Libous was ordered to pay also will be repaid to his estate.

“Though he was gravely ill at the time, Tom wanted to move forward with the appeal not just to clear his name but to help others who may face similar charges and punishment stemming from the statute Mr. Libous was tried under,” Libous’ Albany-based attorney Paul DerOhannesian said in a statement. “Had he lived to pursue his appeal, I am confident the conviction would eventually have been overturned.”

Libous was convicted of lying to the FBI in 2010 about his efforts to secure a job at a law firm for his son, Matthew. The younger Libous was convicted of tax evasion in a separate federal case. 

Tom Libous was sentenced to six months house arrest and ordered to pay the $50,000 fine.

According to the Tuesday decision, prosecutors consented to the vacating of the conviction but opposed returning the fine leveled against Libous. 

To read the full version of this story, click here.

 


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