Conviction of state Sen. Thomas Libous vacated after death

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NEW YORK (AP) — The conviction of a late New York state lawmaker on charges of lying to the FBI was overturned by an appeals court citing a legal doctrine known as abatement by death, which allows a felon’s estate to move to have such a conviction vacated.

The ruling by the 2nd U.S. Circuit Court of Appeals in Manhattan on Tuesday ordered the $50,000 in fines state Sen. Thomas Libous paid be returned to his estate.

The Republican was convicted in 2015 of lying about what prosecutors said was a scheme in which he arranged for a lobbyist to funnel $50,000 to his son.

He was expelled from the state Senate and died of prostate cancer last May after filing a notice to appeal the conviction but before it was adjudicated.

Acting U.S. Attorney Joon Kim released a statement saying the appeals court made clear its ruling was only a consequence of Libous’ death and not a “reflection on the merits of his conviction.”