The U.S. Court of Appeals for the Fourth Circuit has refused to release lawyer Tom Goldstein while he appeals his conviction and six-year sentence for tax and financial crimes.
The brief order, issued Wednesday, leaves Goldstein in custody during the appellate proceedings. It does not resolve the merits of his appeal, which challenges parts of the jury instructions and the exclusion of communications he says supported his defense against the government’s claim that he acted willfully.
Goldstein, a former Supreme Court advocate and a founder of SCOTUSblog, was convicted after a six-week trial. Prosecutors said he failed to report millions of dollars connected to high-stakes poker, made false statements on mortgage documents and routed improper payments through his former law firm. He acknowledged mistakes in the handling of his tax returns but denied deliberately breaking the law.
In opposing release, prosecutors described him as a flight risk with extensive international ties. His lawyers said he had no intention of fleeing and argued that the appeal raises substantial due-process questions.
A release decision asks a narrower question than the appeal itself. The panel’s refusal means only that Goldstein did not satisfy the standard for remaining free while the conviction is reviewed. His claims about the trial are still before the court, and the conviction remains in force unless the Fourth Circuit later reverses it, orders a new trial or grants other relief.
The appeal is United States v. Goldstein, No. 26-4392.
