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Remedies Keyed to Kovacic-Fleischer, 8th
Simon & Schuster, Inc. v. Members of the New York State Crime Victims Board
Citation:
502 U.S. 105, 112 S.Ct. 501, 116 L.Ed.2d 476 (1991)Facts
In 1977, New York enacted the “Son of Sam” law in response to serial killer David Berkowitz’s potential to profit from his crimes. The law required any entity contracting with an accused or convicted criminal for depiction of the crime to submit the contract to the Crime Victims Board and turn over income to be held in escrow for five years for crime victims. In 1981, Henry Hill, an admitted organized crime figure in the Federal Witness Protection Program, contracted with author Nicholas Pileggi and Simon & Schuster to publish his memoir. The resulting book, “Wiseguy,” published in January 1986, described Hill’s criminal career in detail, including extortion, narcotics distribution, and robberies. The book was commercially successful, selling over one million copies and later becoming the film “Goodfellas.” The Crime Victims Board learned of the book, ordered Simon & Schuster to provide contracts and payment information, and demanded that all payments to Hill be turned over to the Board for escrow.
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