AABANY Congratulates Won S. Shin on Promotion to Chief of Appeals at the U.S. Attorney’s Office for the Southern District of New York

The Asian American Bar Association of New York (“AABANY”) congratulates Won S. Shin, AABANY Board Director, on his recent promotion from an Assistant United States Attorney to Chief of Appeals at the U.S. Attorney’s Office, Criminal Division, Southern District of New York.

Before his promotion, Won S. Shin served as an Assistant United States Attorney at the same office. In that role, Mr. Shin oversaw briefing and argument in criminal appeals in the U.S. Court of Appeals for the Second Circuit and advised other prosecutors on legal issues arising in their investigations and prosecutions. He was previously a member of the office’s Complex Frauds and Cybercrime Unit and is a recipient of the FinCEN Director’s Law Enforcement Award for Cyber Threats.

Before joining the U.S. Attorney’s Office, Mr. Shin was an Assistant Solicitor General at the New York State Attorney General’s Office, where he briefed and argued appeals on behalf of the state in the Second Circuit and New York state appellate courts. Before entering public service, he was a litigation associate at Wachtell, Lipton, Rosen & Katz in New York and Akin Gump Strauss Hauer & Feld in Washington, DC. He began his legal career as a law clerk to the Honorable Karen Nelson Moore of the U.S. Court of Appeals for the Sixth Circuit.

Mr. Shin received his A.B., magna cum laude, in biochemical sciences from Harvard College, and his J.D., magna cum laude, from Harvard Law School. 

Mr Shin’s dedication to public service and his record of leadership is well-known and appreciated by all of us at AABANY. Please join us in congratulating Mr. Shin on this well deserved promotion.

AABANY Hosts Weekly Zoom Membership Mixer on May 15

On May 15, 2020, the Membership Committee hosted their weekly Zoom Mixer Membership Mixer, with 24 participants in attendance. The icebreaker question posed to the participants was “If you were not a lawyer or did not have a job in law, what would your career be?” Members said they would be chefs, producers, directors, comic book illustrators, standup comics, cosmologists, and food critics. 

Issues Chair, Chris Kwok, moderated a discussion about the Asian Americans documentary being shown on PBS right now. https://www.pbs.org/show/asian-americans/

The Membership Committee previously hosted Monthly Mixers at bars, ballparks, stadiums, operas, etc. But, due to COVID-19, we are moving online to offer members a weekly outlet to share their feelings, see old friends, and make new connections. Mixers start at 6:30 pm on Friday, and the main event ends at 7:30 pm but feel free to stay on after 7:30 pm for smaller breakout groups.

We are giving away door prizes in some weeks. To win, you must be a member and must RSVP on the aabany.org to get a raffle number. Non-members can join the Zoom mixer but won’t be eligible to win a prize. 

This week we gave away PBS’s Asian Americans DVD! Congratulations to Francis Chin for winning!

Be sure to register for this week’s mixer by Thursday evening, May 21, here: https://www.aabany.org/events/event_details.asp?legacy=1&id=1366636

AABANY Clinic Hosts COVID-19-related Anti-Asian Violence and Hate Webinar

On Wednesday, May 13, 2020, the Asian American Bar Association’s (AABANY) Pro Bono & Community Service Committee hosted the webinar, “Anti-Asian Violence and Hate Arising from the COVID-19 Pandemic.” This event addressed the increase in violent incidents against the Asian American community, and the relevant State and Federal laws for victims and witnesses of these hate crimes who seek to report them.

The webinar featured panelists David Chiang, Supervising Assistant District Attorney, Queens District Attorney’s Office; Joe Gim, Deputy Chief, Nassau County District Attorney; and Julia Kerr, Associate at Simpson Thacher & Bartlett LLP. Eugene Kim, a volunteer at AABANY’s Pro Bono Clinic, moderated the panel.

David Chiang, Supervising Assistant District Attorney, Queens District Attorney’s Office, discussed New York Penal Law § 240 and § 485, both of which elevate sentencing for bias incidents to the criminal level. Section 240, covering Aggravated Harassment in the Second Degree, states that threats of physical violence based on the perception of race are considered as misdemeanors. Section 485, the Hate Crime Law, enhances sentencing for incidents proven to be motivated by bias.

Joe Gim, Deputy Bureau Chief, Nassau County District Attorney’s Office, advised victims and bystanders of anti-Asian hate crimes to record the crime by taking a video of the incident with their phones or calling 911. Doing so would not only preserve the evidence necessary to strengthen the case against the perpetrator but also publicize these hateful acts to highlight the prevalence of anti-Asian violence. Even if the victim is not willing to come forward, whether due to language barriers or distrust of law enforcement, bystanders can still report the crime. After preserving evidence and notifying the police, the police will file a Complaint Report, and the case will either result in an arrest or be handed off to prosecutors and end up in trial.

Julia Kerr, Associate at Simpson Thacher & Bartlett LLP, concluded the webinar by encouraging individuals to report incidents of anti-Asian violence to both government and non-governmental organizations to prevent future hate crimes. In addition to calling 911, victims and bystanders can also reach out to the New York State and New York City Hate Crime Task Forces, MTA Hotline, local District Attorney, and NY Attorney General’s Office. Other resources include AABANY, Asian Pacific Policy and Planning Council, Asian Americans Advancing Justice, National Asian Pacific American Bar Association, Communities Against Hate, Equality Watch, Southern Poverty Law Center, and Anti-Defamation League. 

We thank the panelists for joining us for this CLE program and Eugene for serving as the moderator. Look forward to more community presentations on COVID-19 and its impact on the APA community this month. For more information on anti-Asian harassment and violence, email [email protected] or call our hotline at 516-690-7724.

View the video of the webinar by clicking on the image above.

Mayor Bill de Blasio Releases 5/13/2020 Weekly COVID-19 Resources

Please note the following summary and resource of COVID-19 updates as of May 13th, 2020, released by the Office of Mayor Bill de Blasio.

  1. Anti COVID-19 Stigma
  2. Education
  3. Food Resource
  4. Small Business
  5. Health + COVID-19 Testing
  6. Benefits
  7. Jobs
  8. DACA
  9. Others

Read more about the resources in English and Chinese here.

In addition, please note the following events hosted by the NYC Commission on Human Rights. The Mandarin Language Bystander Intervention Training: Responding to COVID-19 Scapegoating and Hate on Wednesday, May 20 at 7:00 PM and Wednesday, May 27 at 3:00 PM.

Please contact Xiaomin Zhao at (646) 306-9287 or via email at [email protected] if you have questions.

NYForward: A Guide to Reopening New York

NYForward is a state mandated guide to reopening New York safely. The guide has addressed some of the critical factors that have have helped New Yorkers combat the spread of the Covid-19: statewide testing initiatives, economic stimulus packages, and maintenance of strategic reserve of personal protective equipment (PPE). As for guidelines moving forward, the guide has proposed a series of metrics by which regions would be evaluated to determine if they can reopen. These guidelines include a sufficiently low infection rate, a stable health care system that is able to absorb a potential resurgence in cases, sufficient diagnostic testing capacity, and robust contact-tracing to help prevent the spread of the virus. Additionally, the guide has provided a plan for the phased reopening of businesses.

The guide also urges community leaders to pay special attention to vulnerable populations and to hold businesses accountable to the listed guidelines. Universities and schools should craft individualized plans for reopening and state and local leaders should continue to provide sufficient mental health resources. The guide also outlines the individual responsibilities necessary for communities to curb the spread of the virus and stresses the importance of continuing social distancing policies along with practicing good hygiene.

The final section discusses lessons that can be learned from the current crisis and proactive measures that could be adopted. These policies include incorporating and integrating technology that could help schools better transition to online lessons, streamlining healthcare and transportation systems, and ensuring greater social equity through reforming housing policies and other initiatives.

To read the full guide, click on the cover image below.

In The News: AABANY Member Tsui Yee Quoted in NPR Story on Immigration

AABANY Member and immigration attorney Tsui Yee was recently quoted in an NPR story by Alina Selyukh entitled “Will Filing For Unemployment Hurt My Green Card? Legal Immigrants Are Afraid.”

As the coronavirus pandemic continues to spread and leave millions of people jobless, legal immigrants working and paying taxes in the US fear that applying for unemployment might jeopardize their immigration cases. Tsui noted that even though these individuals are eligible to collect unemployment, many chose not to out of fear that doing so will somehow trigger a red flag with immigration services.

To read the full story, click here.

NYCCHR Chair and Commissioner Carmelyn Malalis’ Response to a Rise in Anti-Asian Harassment and Hate Crimes

The recent spike in Anti-Asian harassment and hate crimes have prompted a strong response by NYCCHR Commissioner Carmelyn Malalis. Encouraging New Yorkers to stand together against discrimination, she describes the history of scapegoating in times of crisis and the dangers of fearmongering. She encourages individuals to combat Asian-American stereotypes and misconceptions that underplay anti-Asian racism. With Malalis at the helm, the NYCCHR has formed a COVID-19 response team to handle reports of discrimination and harassment. She strongly encourages victims and bystanders to record and report such incidents to the NYC Commission on Human Rights.

Celebrate APA Heritage Month with AABANY

Despite the restrictions against public gatherings during COVID-19, AABANY has remained active and busy for APA Heritage Month, hosting multiple community presentations about anti-Asian harassment and violence on May 13, 16, and 17, in English, Mandarin, Cantonese, and Korean.

We will continue to celebrate APA Heritage Month during the remainder of May, and we hope you will join us at the following events. Please follow the links for further details and to register.

Wednesday, May 20
AABANY Members Invited: Lowenstein Cooks for a Cause
5:00-6:30 PM
Zoom Conference
To register: https://www.aabany.org/events/event_details.asp?legacy=1&id=1379391

Thursday, May 21
AABANY Co-Sponsors: General Counsel Virtual Panel
4:30-6:00 PM
Zoom Conference
To register: https://www.aabany.org/events/event_details.asp?legacy=1&id=1374410

Thursday, May 21
White & Case Presents a Virtual Screening of Alternative Facts: The Lies of Executive Order 9066
4:15 PM
Zoom Conference
To register: https://www.aabany.org/events/event_details.asp?legacy=1&id=1379976

Wednesday, May 27
AABANY Co-Sponsors: COVID-19: Relief for Small Businesses Webinar Series Part 1 (Labor and Employment Law)
5:00 PM – 6:00 PM
Webinar
To register: https://www.aabany.org/events/event_details.asp?legacy=1&id=1380520

Thursday, May 28
AABANY Co-Sponsors: A Virtual Trial Reenactment: Remembering the Murder of Vincent Chin
3:00-5:00 PM
To register: https://www.aabany.org/events/event_details.asp?legacy=1&id=1380200

Thursday, May 28
AABANY Co-Sponsors: COVID-19: Relief for Small Businesses Webinar Series Part 2 (Restructuring and Bankruptcy Law)
5:00 PM – 6:00 PM
Webinar
To register: https://www.aabany.org/events/event_details.asp?legacy=1&id=1380546

SupChina Webinar: Post-pandemic financial markets between the U.S. and China

SupChina is hosting their second CEO Webinar: Post-pandemic financial markets between the U.S. and China on May 21 from 9:00am to 11:30am EST. Tickets are $35 for AABANY members ($10 off); please email [email protected] for discount code.

  • Session 1 – China-Retail and Finance: David Chu (Chair, Georg Jensen), Lanlan Zhang (Vice-Chair, CICC US Securities), Bob Guterma (COO, SupChina)
  • Session 2 – Finance and US-China Relations: Anthony Scaramucci (former White House communications director, Managing Partner SkyBridge Capital), Ted Wang (CEO Puissance Capital Management and former Head of Global Trading, Goldman Sachs). 
  • Session 3 – China Economy and Geopolitics: Yukon Huang (Senior fellow, Carnegie Asia Program), Dorinda Elliott (SVP, Director of Programs and Center for Business at China Institute)
  • Session 4 – Dr. Walter Lipkin (Leading Epidemiologist at Columbia University and recognized for his work on the SARS outbreak), Dr. Kenneth Abrams (Deloitte, Chief Physician Executive).