Juan Manuel Merchan
(born 1962/1963)
is an American judge and former prosecutor currently serving as an acting justice of the
New York State Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
in
New York County
Manhattan (), known regionally as the City, is the most densely populated and geographically smallest of the five boroughs of New York City. The borough is also coextensive with New York County, one of the original counties of the U.S. stat ...
(Manhattan). He is judge for the
2024 criminal trial of former US president, Donald Trump.
Early life and education
Merchan was born in
Bogotá
Bogotá (, also , , ), officially Bogotá, Distrito Capital, abbreviated Bogotá, D.C., and formerly known as Santa Fe de Bogotá (; ) during the Spanish period and between 1991 and 2000, is the capital city of Colombia, and one of the largest ...
, Colombia. He immigrated to
New York City
New York, often called New York City or NYC, is the most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the most densely populated major city in the U ...
when he was six years old, growing up in
Jackson Heights,
Queens
Queens is a borough of New York City, coextensive with Queens County, in the U.S. state of New York. Located on Long Island, it is the largest New York City borough by area. It is bordered by the borough of Brooklyn at the western tip of Long ...
, as the youngest of six children. His father had been a military officer in Colombia. Merchan studied business at
Baruch College
Baruch College (officially the Bernard M. Baruch College) is a public college in New York City. It is a constituent college of the City University of New York system. Named for financier and statesman Bernard M. Baruch, the college operates und ...
in
Manhattan
Manhattan (), known regionally as the City, is the most densely populated and geographically smallest of the five Boroughs of New York City, boroughs of New York City. The borough is also coextensive with New York County, one of the List of co ...
, graduating in 1990, and earned his
Juris Doctor
The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law
and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice l ...
from
Hofstra University
Hofstra University is a private university in Hempstead, New York. It is Long Island's largest private university. Hofstra originated in 1935 as an extension of New York University (NYU) under the name Nassau College – Hofstra Memorial of N ...
School of Law
A law school (also known as a law centre or college of law) is an institution specializing in legal education, usually involved as part of a process for becoming a lawyer within a given jurisdiction.
Law degrees Argentina
In Argentina, l ...
on
Long Island in 1994.
He was the first member of his family to go to college.
Career as prosecutor
In 1994, Merchan began his career as an assistant district attorney in the
Manhattan District Attorney's Office.
He worked in both the office's Trial Division and its Investigations Division,
prosecuting
financial fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compen ...
s and other cases.
[ From 1999 to 2006, he worked for the ]New York State Attorney General
The attorney general of New York is the chief legal officer of the U.S. state of New York and head of the Department of Law of the state government. The office has been in existence in some form since 1626, under the Dutch colonial government ...
's office, first as Deputy Attorney General in-Charge, Nassau County Region (1999–2001), then as Assistant Attorney General in-Charge of Affirmative Litigation for Nassau and Suffolk Counties (2003–2006), and then as Assistant Attorney General in-Charge Nassau County Region (2003–2006).
Career as judge
Merchan became a judge in 2006, when New York City mayor Michael Bloomberg
Michael Rubens Bloomberg (born February 14, 1942) is an American businessman, politician, philanthropist, and author. He is the majority owner, co-founder and CEO of Bloomberg L.P. He was Mayor of New York City from 2002 to 2013, and was a c ...
appointed him to the New York City Family Court, Bronx County
The Bronx () is a borough of New York City, coextensive with Bronx County, in the state of New York. It is south of Westchester County; north and east of the New York City borough of Manhattan, across the Harlem River; and north of the New Yor ...
.[ He remained in that role until 2009.]
Chief Administrative Judge Ann Pfau
Ann Pfau is an American jurist and former Chief Administrative Judge of the State of New York.
Early life and education
She graduated from Wells College in 1970. She later received an MA from Columbia University in 1973 and a JD from the Brookly ...
appointed Merchan as an Acting Justice in the Supreme Court of New York
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civi ...
, New York County
Manhattan (), known regionally as the City, is the most densely populated and geographically smallest of the five boroughs of New York City. The borough is also coextensive with New York County, one of the original counties of the U.S. stat ...
, Criminal, in 2009, and he has served on in that position since that time. In this position, Merchan presides over felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that res ...
criminal trials.
Merchan also previously served concurrently as a judge of the New York Court of Claims
The New York State Court of Claims is the court of the Judiciary of New York, New York State Unified Court System which handles all claims against the State of New York (state), New York and certain state agencies.
Judges
Judges of the Court of Cl ...
, being appointed to that role by Governor David Paterson
David Alexander Paterson (born May 20, 1954) is an American politician and attorney who served as the 55th governor of New York, succeeding Eliot Spitzer and serving out nearly three years of Spitzer's term from March 2008 to December 2010. A ...
in 2009 and serving until 2018.
Notable cases
In 2011, Merchan presided over the case of a New York Police Department
The New York City Police Department (NYPD), officially the City of New York Police Department, established on May 23, 1845, is the primary municipal law enforcement agency within the City of New York, the largest and one of the oldest in ...
sergeant William Eiseman, who admitted to conducting illegal searches and then lying about his actions in court. Eiseman pleaded guilty to first-degree perjury
Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an inst ...
and official misconduct, and Merchan sentenced him to 24 days in jail; Eiseman also forfeited his pension.
In 2012, Merchan presided over the criminal proceedings against Anna Gristina, who was charged with operating an upscale prostitution ring on the Upper East Side
The Upper East Side, sometimes abbreviated UES, is a neighborhood in the boroughs of New York City, borough of Manhattan in New York City, bounded by 96th Street (Manhattan), 96th Street to the north, the East River to the east, 59th Street (Man ...
. Gristina and a co-defendant had been arrested in February 2012, after an investigation by the Manhattan DA's office.[ Merchan set bail at a $2 million bond, or $1 million cash; because Gristina was unable to meet this amount, she was detained at ]Rikers Island
Rikers Island is a island in the East River between Queens and the Bronx that contains New York City's main jail complex. Named after Abraham Rycken, who took possession of the island in 1664, the island was originally under in size, but has ...
jail for four months. The Appellate Division lowered Gristina's bail to $250,000 bond or $125,000 cash, on condition that she give up her passport and be electronically monitored.[ The suburban-dwelling defendant—nicknamed the "Soccer Mom Madam"—ultimately pleaded guilty to one count of promoting prostitution, and Merchan sentenced her to six months in jail, which amounted to time already served due to the four months Gristina had spent at Rikers before being bailed.
In late 2022, Merchan oversaw the five-week criminal trial of the Trump Organization; the organization was convicted of 17 counts of tax fraud.
He also presided over the criminal case of ]Donald Trump
Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021.
Trump graduated from the Wharton School of the University of ...
's former financial chief Allen Weisselberg
Allen Howard Weisselberg (born August 15, 1947) is an American businessman who was the chief financial officer (CFO) of the Trump Organization. Weisselberg served as a co-trustee of a trust set up in 2017 by Donald Trump before Trump's inaugura ...
, who pleaded guilty to his role in a 15-year-long tax-fraud
Tax evasion is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trust (property), trusts, and others. Tax evasion often entails the deliberate misrepresentation of the taxpayer's affairs to the tax authorities ...
scheme. Weisselberg admitted to evading taxes by accepting $1.7 million in off-the-books compensation and entered a plea agreement, in which he testified against The Trump Organization and helped to secure the company's conviction. Merchan sentenced Weisselberg to five months at Rikers Island and said he would have imposed a substantially longer sentence but for the plea agreement.[
Merchan is the judge assigned to preside over the criminal trial of ]Steve Bannon
Stephen Kevin Bannon (born November 27, 1953) is an American media executive, political strategist, and former investment banker. He served as the White House's chief strategist in the administration of U.S. president Donald Trump during the ...
, a former Trump adviser who was indicted in September 2022 on charges of fraud and money laundering
Money laundering is the process of concealing the origin of money, obtained from illicit activities such as drug trafficking, corruption, embezzlement or gambling, by converting it into a legitimate source. It is a crime in many jurisdiction ...
in connection with a fundraising scheme. The case is set for trial in May 2024.
On April 4, 2023, Merchan oversaw the arraignment
Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the charges against them. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary among juris ...
of former U.S. president
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal gove ...
Donald Trump on 34 felony counts. The indictment
An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of an ...
of Trump was delivered by a grand jury
A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a ...
on March 30. It was then unsealed the same day, with Trump pleading not guilty.[
]
See also
* List of Hispanic and Latino American jurists
This is a list of Hispanic/Latino Americans who are or were judges, magistrate judges, court commissioners, or administrative law judges. If known, it will be listed if a judge has served on multiple courts.
Other topics of interest
* Li ...
References
{{DEFAULTSORT:Merchan, Juan
1960s births
21st-century American judges
Baruch College alumni
Colombian emigrants to the United States
Hispanic and Latino American judges
Hofstra University alumni
Lawyers from Queens, New York
Living people
Maurice A. Deane School of Law alumni
New York County Assistant District Attorneys
New York Supreme Court Justices
People from Bogotá