Hon. Lawrence J. Vilardo

2015 – present

Federal Judicial Service:

  • Judge, U.S. District Court, Western District of New York
    • Nominated by President Barack Obama on February 4, 2015, to a seat vacated by Richard J. Arcara.  Confirmed by the Senate on October 26, 2015, and received commission on October 29, 2015.

Education:

  • Harvard Law School, J.D., 1980
  • Canisius College, B.A., 1977

Professional Career:

  • Private Practice, Connors & Vilardo LLP, Buffalo, New York, 1986-2015
  • Private Practice, Damon Morey LLP, Buffalo, New York, 1981-1986
  • Law Clerk, Hon. Irving L. Goldberg, U.S. Court of Appeals for the Fifth Circuit, Dallas, Texas, 1980-1981

Noteworthy Cases:

United States v. Iverson, No. 1:14-CR-00197:

In July 2016, Elijah Iverson was convicted of five drug and firearm offenses after a three‑day trial.  Two days earlier, Judge Vilardo had granted Iverson’s motion under Batson v. Kentucky, 476 U.S. 79 (1986), to restore two prospective jurors of color for whom the government had exercised peremptory challenges.  Before the jury issued its verdict, the government moved to vacate the Batson finding.  Judge Vilardo issued an opinion affirming his Batson ruling as to one of the jurors (No. 6) and vacating it as to the other (No. 16).  Judge Vilardo first found that the issue was not moot because it was likely to recur.  He then explained that with respect to Juror No. 6, the prosecution’s proffered race‑neutral reason – that the juror lacked “life experience” – did not hold up under scrutiny.  More specifically, there were at least three white jurors who lacked “life experience” in similar ways to Juror No. 6 but were not struck.  Judge Vilardo explained that whether it was conscious or not, the prosecutors had let race play a substantial role in the exercise of a preemptory challenge for Juror No. 6 and that the Court had an obligation to closely look at the underlying motivation behind the challenge.

United States v. Iverson, 2016 WL 6143195 (W.D.N.Y. 2016), aff’d, 897 F.3d 450 (2d Cir. 2018)
https://casetext.com/case/united-states-v-iverson-10

 

Seneca Nation v. Cuomo, et al., No. 1:18-CV-00429:

Seneca Nation sued the New York State Thruway Authority regarding a toll road that the Nation said stemmed from an illegal easement over its land.  The Nation sought to force the Thruway Authority to obtain a valid easement, or, in the alternative, to be enjoined from collecting tolls for the portion of the thruway that passes through the Nation’s land.  Analyzing complex issues of collateral estoppel and the application of the Eleventh Amendment under Ex Parte Young, Judge Vilardo denied the defendants’ motion to dismiss.  Recognizing the weight and difficulty of these two issues, however, Judge Vilardo certified them for interlocutory appeal to the Second Circuit.  The Second Circuit ultimately affirmed Judge Vilardo’s decision.

Seneca Nation v. Cuomo, 484 F. Supp. 3d 65 (W.D.N.Y. 2020), aff’d sub nom. Seneca Nation v. Hochul, 58 F.4th 664 (2d Cir. 2023)
https://casetext.com/case/seneca-nation-v-cuomo

 

United States v. Bongiovanni, et al., No. 1:19-CR-00227:

This case involves allegations of two large scale drug trafficking conspiracies, as well as conspiracies to defraud the United States, involving a former DEA agent, Joseph Bongiovanni, and the owner of an adult entertainment club, Peter Gerace, Jr.  In January 2024, Judge Vilardo granted Bongiovanni’s motion for severance following the government’s motion to disqualify one of Gerace’s attorney.  After a two-month trial, Bongiovanni was convicted on two counts of obstruction of justice and acquitted on one count of obstruction.  The jury was unable to unanimously agree on the remaining counts, resulting in a mistrial.  In the meantime, Judge Vilardo issued a detailed decision in Gerace’s case addressing an issue of first impression regarding whether an attorney’s placing a witness who was identified in the government’s discovery material on a witness list can constitute obstruction of justice.  Judge Vilardo found that, as a matter of law, such an action is protected by the attorney “safe harbor” provision of the obstruction of justice statute.  Judge Vilardo continues to preside over both cases, which are ongoing.

United States v. Gerace, 731 F. Supp. 3d 497 (W.D.N.Y. 2024).

 

United States v. Gendron, No. 1:22-CR-00109:

Judge Vilardo currently is presiding over the capital case against Payton Gendron for the racially motivated killing of ten Black individuals at a Tops grocery store on May 14, 2022.  This was the first case under the Biden administration in which the U.S. Department of Justice authorized pursuit of the death penalty.  Trial is scheduled to begin in fall 2025.