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On March 10, 2010, President Obama nominated Raymond J. Lohier, Jr., age 44, to the United States Court of Appeals for the Second Circuit. Lohier currently serves as Special Counsel to the United States Attorney for the Southern District of New York. He has extensive experience in representing the government in securities fraud, insider trading, ponzi schemes, and commodities fraud. President Obama has said that Mr. Lohier will bring “an unwavering commitment to fairness and judicial integrity to the federal bench,” and that his impressive legal career is “a testament to the kind of thoughtful and diligent judge[]” that he will be if confirmed.[1]

Biography

Mr. Lohier, a Haitian American, was born in Montreal, Canada on December 1, 1965. After immigrating to the United States, he received his A.B. in 1988 from Harvard College, cum laude, and his J.D. in 1991 from New York University School of Law, where he was Editor in Chief of the Annual Survey of American Law and recipient of the Vanderbilt Medal. In 1999, Lohier was married to Donna Hae Kyun Lee, who teaches law at City University of New York School of Law. A longtime resident of Brooklyn, Lohier has served on the Brooklyn Community Board since 2007.

Legal Experience

Mr. Lohier has had a broad range of legal experiences over his career, working in both private practice and for the government. Following Law School, he clerked for the Hon. Robert P. Patterson, Jr. on the United States District Court for the Southern District of New York. After his clerkship, he practiced as an associate at Cleary, Gottleib, Steen & Hamilton in New York until 1996. While at Cleary he appeared in both state and federal courts, working primarily on commercial litigation and pro bono matters. For instance, in Chock Full O’Nuts Corp. v. Tetley Inc.,[2] he won summary judgment for his client in a contract case. Also, in Moodie v. Federal Reserve Bank,[3] he represented a plaintiff alleging unlawful discharge from the Federal Reserve Bank of New York.
From 1997 to 2000 Lohier served in the Department of Justice, first as a Trial Attorney and then as a Senior Trial Attorney, in the Civil Rights Division’s Employment Litigation Section. While at the Justice Department he directed and participated in investigations, litigation, and trials involving alleged Title VII violations by public entities.[4] While at the Department of Justice he received the Attorney General’s Award for Outstanding Legal Achievement.

Since 2000, Lohier has served as an Assistant United States Attorney in the Southern District of New York. At the U.S. Attorney’s office Lohier has prosecuted high-profile, complex criminal cases and has supervised a number of major investigations. While serving as Deputy Chief and then Chief of the Securities and Commodities Fraud Task Force, he supervised securities and commodities fraud investigations, prosecutions, and trials, including the prosecutions of Bernard Madoff and Marc Drier. He also prosecuted two executives of the biotechnology company, Impath, Inc. As Deputy Chief and then Chief of the Narcotics Unit, he supervised the investigation and prosecution for most of the federal domestic narcotics cases in the Southern District of New York. These responsibilities sometimes involved the coordination with other government agencies, including the Drug Enforcement Administration, the Department of Homeland Security, the Federal Bureau of Investigation, and the New York City Police Department. Lohier has also prosecuted individuals for immigration-related offenses. Lohier was recently appointed Special Counsel to the United States Attorney for the Southern District of New York.

Professional Activities

Lohier is a member of the National Bar Association, the National Black Prosecutors Association, and the Association of the Bar of the City of New York, where he has participated on various committees. He received the Distinguished Service Award of the Black, Latin, Asian Pacific American Law Alumni Association in 2008. In 1991 and 1992, Lohier was a staff member of the New York State Gubernatorial Task Force, which reviewed whether that state’s method of selecting judges violated the Voting Rights Act of 1965.

Since 2006, Lohier has served on the Brooklyn Community Board 6, the official municipal body that advises elected officials and government agencies on matters affecting the district. He is also a member of the Board for the Friends of the Brooklyn Community Board 6, a registered non-profit organization established to support the municipal body.

Lohier also frequently participates in seminars dealing with securities fraud, including those sponsored by the United State Securities and Exchange commission, the New York lawyers Association, and the Bar of the city of New York.

Conclusion

The Alliance for Justice commends President Obama for nominating Mr. Lohier to the Second Circuit Court of Appeals. His background indicates that he will be a strong addition to the bench. We look forward to working with the President to ensure that his future nominees are also committed to upholding our nation’s core constitutional values and to ensuring equal justice for all, not a select few.


[1] Press Release, President Obama Nominates Raymond Lohier, Jr. for the United States Court of Appeals for the Second Circuit, Judge Kate O’Malley for the United States Court of Appeals for the Federal Circuit (Mar. 10, 2010), available at http://www.whitehouse.gov/the-press-office/president-obama-nominates-raymond-lohier-jr-united-states-court-appeals-second-circ.
[2] 1997 U.S. Dist. LEXIS 11605 (S.D.N.Y. Aug. 8, 1997).

[3] 862 F. Supp. 59 (S.D.N.Y. 1994).

[4] See, e.g., United States v. Se. Pa. Transp. Auth., 2000 U.S. Dist. LEXIS 17612 (E.D.Pa. Dec. 7, 2000) (suing a local transit authority over alleged discrimination involving a physical abilities test for female police officers).