Fishman Sentencing Postponement Denied by Judge

A fourth delay of the sentencing date for Seth Fishman was denied by Judge Mary Kay Vyskocil, setting up his next court appearance for July 11.

Fishman's attorney, Maurice Sercarz, cited what he called Fishman's mental health issues and problems getting a mental health expert's presentation together in time to meet deadlines, but he conceded he could file a sentencing memorandum by June 27. Vyskocil ruled the timely filing means there is no reason for further delay.

Fishman has been incarcerated since Feb. 18 in New York's Metropolitan Detention Center. Vyskocil allowed his sentencing to be bumped from May 5 to May 26 to June 30 before the July 11 date was scheduled.

The court record indicates Sercarz's sentencing memo was filed under seal. Attorneys for both sides are expected to brief the court by July 6 as to how much information about Fishman's status will be released for public viewing.

Sercarz is expected to argue for leniency. The government's position is not shown in the court record. Fishman is facing up to 20 years' imprisonment after being found guilty by a jury on Feb. 2 in U.S. District Court for the Southern District of New York of two counts of conspiring to violate drug adulteration and misbranding laws. Fishman was not in court when the jury returned its verdict.