A litigation boutique based in Oakland, California, representing plaintiffs and defendants in complex civil litigation.
The Norton Law Firm’s Client Michael Binday’s Sentence Is Commuted
On December 12, 2024, President Biden granted clemency to The Norton Law Firm’s long-time client, Michael Binday. In 2014, Mr. Binday was sentenced to 144 months’ imprisonment following a conviction for mail and wire fraud based on the United States Court of Appeal for the Second Circuit’s now-invalidated “right-to-control” theory of fraud. For nearly a decade following Mr. Binday’s conviction, David Shapiro and The Norton Law Firm worked tirelessly to challenge Mr. Binday’s conviction and the “right-to-control” theory of fraud at every level of the federal judiciary.
In 2023, David Shapiro and Gil Walton achieved a major victory for Mr. Binday. Following the United States Supreme Court’s unanimous decision in Ciminelli v. United States, 598 U.S. 306 (2023), holding the “right-to-control” theory invalid, the Supreme Court also granted Mr. Binday’s petition for a writ of certiorari, vacated the judgment below, and remanded Mr. Binday’s case to the Second Circuit for further proceedings. Since then, The Norton Law Firm has continued fighting to overturn Mr. Binday’s conviction.
The commutation of Mr. Binday’s sentence marks another major step towards justice. Nevertheless, The Norton Law Firm believes Mr. Binday’s conviction is unconstitutional and will continue to advocate for his innocence.