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Brian Cogan

Brian M. Cogan (born 1954) is a senior district judge of the for the Eastern District of New York. Appointed by President and confirmed by the in 2006, Cogan entered duty on June 12 of that year, filling a vacancy left by the retirement of Judge Frederic Block; he assumed on the fourteenth anniversary of his appointment in 2020 while continuing to handle a full caseload. Prior to his elevation to the bench, Cogan earned a B.A. from the University of Illinois in 1975 and a J.D. from in 1979, followed by a clerkship for U.S. District Judge Sidney Aronovitz in the Southern District of Florida from 1979 to 1980, after which he spent over two decades in private civil litigation practice in . Cogan has presided over several high-profile criminal trials, most notably that of Sinaloa Cartel leader Loera, whose 2018–2019 proceedings in federal court—marked by testimony on the cartel's violent operations, of officials, and Guzmán's multiple escapes—culminated in convictions on all 10 counts, including continuing criminal enterprise, drug trafficking, and firearms offenses, followed by a sentence of life imprisonment plus 30 years in July 2019. More recently, he accepted a guilty plea from co-founder in 2025 on drug trafficking charges, emphasizing the defendant's role in a decades-long conspiracy involving thousands of kilograms of narcotics. Known for rigorous case management that minimizes delays in the busy Eastern District, Cogan has also handled prosecutions, such as the 2018 sentencing of a U.S. citizen to 45 years for plotting murders abroad, and gang-related cases resulting in dozens of convictions.

Early life and education

Early life

Brian M. Cogan was born on April 22, 1954, in , . Little is publicly documented regarding his childhood or family background prior to his university studies.

Higher education

Cogan earned a degree from the University of at Champaign-Urbana in 1975. He then attended , receiving a in 1979, during which time he served as a member of the Board of Editors of the Cornell Law Review.

Service as Assistant U.S. Attorney

Brian M. Cogan did not serve as an Assistant U.S. Attorney during his pre-judicial legal career. Following his judicial clerkship for Judge Sydney M. Aronovitz of the U.S. District Court for the Southern District of from 1979 to 1980, Cogan entered private practice in , joining the firm in 1980, where he became a partner in 1988 and in 2004. His professional experience focused on commercial litigation, bankruptcy law, and high-profile domestic and international cases, with no documented tenure in the U.S. Department of Justice or prosecutorial roles in federal court records or nomination materials. Public service included pro bono work as an attorney for enlisted soldiers in the Corps starting in 2002, involving up to 30 hours per month. After completing his clerkship with Judge Sydney M. Aronovitz of the U.S. District Court for the Southern District of Florida in 1980, Cogan joined LLP as an associate in its office. He advanced to partner in 1988 and served in that capacity until 2004, after which he became the firm's from 2004 until his judicial nomination in 2006. Cogan's practice at Stroock focused on complex commercial litigation, including accountants' liability, , , and cross-border disputes. As a litigator, he handled high-stakes matters requiring in-depth analysis of financial and regulatory issues, contributing to the firm's reputation in these areas. During his tenure, Cogan co-authored the treatise Bankruptcy Code Impact on Civil Litigation in the Courts in 2005, which examined the interplay between bankruptcy proceedings and federal civil actions. He also authored Practice in the Division in 2005, providing guidance on procedures in New York's specialized commercial courts. These publications reflected his expertise in and commercial , drawing from his litigation experience.

Judicial appointment and confirmation

Nomination process

President nominated Brian M. Cogan on January 25, 2006, to serve as a District Judge for the Eastern District of , succeeding Frederic Block, who had assumed . The announced the nomination concurrently with its transmission to the . Cogan's selection emerged from New York's bipartisan judicial nominating process, managed by home-state Senators and Charles Schumer, who forwarded recommendations of qualified, moderate candidates to the Bush administration despite partisan differences. This merit-based approach facilitated consensus nominees for district court vacancies. Prior to formal , Cogan completed a thorough vetting by the Department of Justice and a background investigation by the . Senator Schumer later endorsed the process at Cogan's confirmation hearing, highlighting its effectiveness in producing able jurists.

Senate confirmation and swearing-in

The United States Senate confirmed Brian Cogan's nomination to the United States District Court for the Eastern District of New York on May 4, 2006, by a vote of 95-0 following a cloture motion. The confirmation occurred during the 109th Congress after the Senate Judiciary Committee reported the nomination favorably on April 27, 2006, subsequent to a hearing on March 29, 2006. No senators opposed the confirmation, reflecting broad bipartisan support for Cogan's qualifications as a former Assistant United States Attorney with extensive prosecutorial experience. Cogan received his judicial on June 7, 2006, marking the formal presidential appointment effective upon Senate . He entered on duty as a district judge on June 12, 2006, following the administration of the judicial , which is required for federal judges to assume their positions. This timeline aligned with standard federal judicial procedures, where the commission precedes active , and the swearing-in typically occurs shortly thereafter under the supervision of officials or senior judges.

Judicial service

Tenure overview

Brian M. Cogan entered duty as a District Judge for the Eastern District of New York on June 12, 2006, following his nomination by President and confirmation. His active tenure spanned 14 years, during which he managed a broad array of civil and criminal cases in a district encompassing , , [Staten Island](/page/Staten Island), and [Long Island](/page/Long Island), as well as and counties. Cogan's service emphasized rigorous case management, drawing on his prior experience in complex litigation and federal prosecutions to handle matters ranging from and insolvency to high-stakes proceedings. On June 12, 2020, after reaching the age and service requirements under 28 U.S.C. § 371, Cogan assumed , transitioning from full-time active duty while remaining eligible to perform judicial functions on a reduced caseload basis. This status allows senior judges to alleviate docket pressures in busy districts like the , which processes thousands of filings annually. As of 2025, Cogan continues in , periodically taking assignments and contributing to the court's operations without a fixed retirement date. His tenure reflects a commitment to expeditious resolution, with empirical data from federal judicial statistics indicating above-average productivity in case terminations relative to peers.

Docket management and judicial efficiency

Judge Brian M. Cogan has maintained a reputation for highly efficient docket management in the Eastern District of , one of the nation's busiest federal districts, where judges averaged 779 pending cases as of September 2013. He frequently records the fewest pending civil cases among judges in the Second Circuit on a monthly basis, enabling rapid case progression without sacrificing thoroughness. Cogan personally handles nondispositive motions, issuing rulings often within hours, and schedules trials for cases requiring limited shortly after the initial status conference. Cogan's individual practices emphasize judicial economy and streamlined procedures, including mandatory pre-motion conferences for most civil motions via concise letters (limited to three pages), with responses due within five days. Discovery disputes require joint letters rather than separate submissions, and extensions are denied unless parties have exhausted remedies for noncompliance. Adjournments demand advance electronic filing with detailed justifications, promoting adherence to timelines and reducing delays. These measures contribute to his docket's speed, described as among the fastest nationally, while minimizing litigation costs. This efficiency has extended to complex multidistrict litigation, where Cogan's prior handling of such dockets has been characterized as "incredibly efficient," influencing assignments like the 2023 transfer of over 80 lawsuits to his court. His approach yields high productivity, evidenced by rare appellate reversals and detailed opinions, both written and oral.

Notable cases and rulings

Joaquín "El Chapo" Guzmán trial

U.S. District Judge Brian Cogan presided over the federal trial of Loera in the Eastern District of , a high-security proceeding that began on September 5, 2018, and opening statements on November 13, 2018. Cogan ordered anonymous jurors sequestered during deliberations due to credible threats against participants, including reported hits ordered by Guzmán's associates. He admitted extensive prosecution evidence, including testimonies from over 50 cooperating witnesses detailing Guzmán's orchestration of drug trafficking, murders, and escapes, while rejecting defense challenges to the admissibility of graphic violence accounts as prejudicial. Throughout the three-month trial, Cogan denied multiple defense motions for mistrial, including those alleging and juror tampering risks, emphasizing the robustness of the evidence presented. On February 12, 2019, the jury convicted on all 10 counts, including engaging in a continuing criminal enterprise, narcotics distribution, and firearms offenses, after approximately 34 hours of over six days; Cogan commended the jurors' "meticulous " in navigating the voluminous . Following the verdict, Cogan rejected Guzmán's June 2019 motion for a , which cited alleged revealed in anonymous media interviews claiming premature discussions and bias; the judge ruled that such claims did not undermine the trial's integrity given the "mountain range of evidence" against , including physical proof of over 1,000 kilograms of , , and distribution. On July 17, 2019, Cogan imposed a mandatory life sentence plus 30 years, consecutive for leadership in the criminal enterprise, and ordered forfeiture of $12.6 billion in assets tied to operations. The U.S. Court of Appeals for the Second Circuit upheld the conviction and Cogan's rulings in January 2022, affirming the denial of post-trial relief after reviewing claims of evidentiary errors and issues.

Ghislaine Maxwell sex trafficking trial

U.S. District Brian M. Cogan, serving in the Eastern District of , did not preside over 's federal trial, which took place in the Southern District of under Alison J. . No court records or official proceedings link Cogan to the case, which involved charges against Maxwell for conspiring with to entice and transport minors for illegal sex acts between 1994 and 2004. The trial began with jury selection on November 16, 2021, and opening statements on November 29, 2021, in federal court, featuring testimony from four accusers alleging grooming and abuse facilitated by Maxwell. Prosecutors presented evidence of Maxwell's role in recruiting underage girls, including financial records and flight logs tied to Epstein's properties. Maxwell did not testify, and her defense argued the accusers' memories were unreliable due to the passage of time and prior settlements with Epstein's estate. After approximately 40 hours of deliberations over six days, the jury convicted Maxwell on December 29, 2021, of five counts: conspiracy to entice minors to travel to engage in illegal sex acts, conspiracy to transport minors for illegal sex acts, transporting a minor for illegal sex acts, conspiracy, and of a minor; she was acquitted on one count of enticing a minor to travel for illegal sex acts. Judge Nathan denied post-trial motions for a , including challenges over a juror's undisclosed history of , ruling that no prejudice affected the verdict. On June 28, 2022, sentenced Maxwell to 20 years in prison, followed by 5 years of supervised release, emphasizing the gravity of the offenses and Maxwell's lack of remorse while noting Epstein's primary culpability. 's appeal, arguing procedural errors and juror bias, remains pending before the Second Circuit Court of Appeals as of October 2025, with no reversal granted. Although was detained at the Detention Center in —within Cogan's district—during parts of her pretrial and post-conviction period, this administrative detail did not involve Cogan's judicial oversight. In United States v. García Luna, former Mexican Secretary of Public Security was convicted on February 21, 2023, of engaging in a continuing criminal enterprise and narco-corruption conspiracy by accepting millions in bribes from the to facilitate drug trafficking into the . On October 16, 2024, Cogan sentenced García Luna to 460 months' imprisonment and imposed a $2 million fine, citing the defendant's role in enabling the cartel to import over one million kilograms of and vast quantities of and marijuana between 2001 and 2006, which contributed to widespread violence and addiction. Cogan rejected defense arguments for a lighter sentence, emphasizing that García Luna's as Mexico's top security official undermined bilateral anti-drug efforts and that his actions prioritized cartel interests over public safety. Cogan presided over the guilty plea of , co-founder of the , on August 25, 2025, to charges including drug trafficking conspiracy and for orchestrating the shipment of thousands of kilograms of narcotics, including precursors, into the U.S. over decades. , arrested in July 2024 alongside his son Joaquín Guzmán López, faces a mandatory minimum of , with sentencing pending; Cogan noted the plea agreement's acknowledgment of the cartel's responsibility for over 1,000 murders and its dominance in U.S. distribution. This proceeding marked a significant enforcement action against Sinaloa leadership, following 's evasion of capture for over 30 years. In United States v. Reyes Arzate, former Mexican Federal Police Commander Iván Reyes Arzate was sentenced by Cogan on February 9, 2022, to 10 years' imprisonment for accepting a $250,000 bribe from Sinaloa Cartel members, including Joaquín "El Chapo" Guzmán, in exchange for leaking confidential U.S. Drug Enforcement Administration intelligence that protected cartel operations. Reyes Arzate, head of a Mexican unit tasked with targeting Sinaloa leaders, provided tips that thwarted investigations and enabled continued trafficking of multi-ton cocaine shipments to the U.S. from 2006 to 2011. Cogan's ruling highlighted the betrayal of trust by a law enforcement official, which facilitated the cartel's evasion of justice and sustained its multimillion-dollar enterprise. Cogan has overseen additional proceedings against affiliates, including the August 2025 transfer and arraignment of a senior member on trafficking charges, underscoring his role in adjudicating cases that expose systemic corruption enabling the organization's persistence despite leadership disruptions. These rulings consistently emphasize the 's causal role in U.S. epidemics and , prioritizing evidentiary records from cooperating witnesses and forensic over unverified claims.

Religious liberty and healthcare mandate rulings

In Roman Catholic Archdiocese of New York v. Sebelius, U.S. District Judge Brian Cogan addressed challenges brought by the and affiliated Catholic entities, including Catholic Health Care System and Catholic Health Services of , against the Affordable Care Act's (ACA) contraceptive coverage mandate. The mandate, implemented by the Department of Health and Human Services (HHS), required employer-sponsored health plans to provide coverage for contraceptives, sterilizations, and related services without cost-sharing, with limited exemptions for houses of worship but an accommodation for certain religious nonprofits involving self-certification to third-party administrators. On December 4, 2012, Cogan denied the government's motion to dismiss, rejecting arguments that the claims were not ripe due to anticipated regulatory changes. He held that the plaintiffs faced an imminent substantial burden under the (RFRA), as the mandate compelled religious organizations to facilitate coverage of services their faith deemed morally equivalent to , and dismissed assurances of future adjustments as insufficient, stating there is "no 'Trust us, changes are coming' clause in the ." In a December 16, 2013, ruling, Cogan granted a permanent against enforcement of the for four plaintiff entities that did not qualify for the narrower exemption, finding it violated RFRA by substantially burdening their exercise of without serving a compelling governmental interest through the least restrictive means. He reasoned that the self-certification accommodation forced plaintiffs to trigger and cooperate in the provision of objectionable coverage, directly implicating their faith-based objections, and that alternatives like government-funded provision existed without conscripting religious employers. This marked the first permanent nationwide block of the mandate's application to religious nonprofits, prioritizing RFRA protections over the government's rationale. The Second Circuit Court of Appeals reversed Cogan's in August 2015, upholding the as not violative of RFRA, though Cogan's decisions underscored tensions between healthcare policy and religious exercise claims under the First Amendment and RFRA. No additional rulings by Cogan on broader healthcare mandates or standalone religious liberty issues beyond this ACA context have been identified in dockets.

Immigration and Temporary Protected Status decisions

In Haitian Evangelical Clergy Association et al. v. et al. (1:25-cv-01464, E.D.N.Y.), U.S. District Judge Brian M. Cogan ruled on July 1, 2025, that the Department of Homeland Security's (DHS) early termination of (TPS) for Haiti violated the (APA) and statutory requirements under the Immigration Act of 1990. The case stemmed from DHS Secretary Kristi Noem's January 2025 decision to shorten Haiti's TPS designation—previously extended by the Biden administration through September 2026—by at least five months, prompting lawsuits from Haitian beneficiaries and advocacy groups who argued the abrupt change disregarded reliance interests and failed to provide adequate notice. Cogan's opinion held that the partial vacatur of the prior extension was arbitrary and capricious, as it ignored the TPS statute's provisions requiring designations to run their full term unless conditions in the foreign state demonstrably improved, and it undermined beneficiaries' settled expectations by mandating premature reverification and potential proceedings. He issued a nationwide blocking enforcement of the early termination, effectively restoring protections for approximately 200,000 Haitian nationals in the U.S. until the original expiration date, pending any appeal. The ruling emphasized procedural irregularities, noting that DHS's action bypassed the 60-day for redesignations and failed to conduct a reasoned analysis of Haiti's ongoing conditions, such as gang and political instability, which justified the prior extension. Critics of the decision, including immigration restriction advocates, argued it improperly extended discretion limits imposed by courts, while supporters highlighted its protection of humanitarian relief against perceived administrative overreach. No other major decisions by Cogan directly involving have been reported, though he has presided over related and matters in the Eastern District of , such as challenges to charge rules in Make the Road New York v. Wolf (1:19-cv-04607), where procedural rulings favored claims without altering core policy outcomes.

Reception and evaluations

Achievements and commendations

Cogan has earned recognition for maintaining one of the fastest dockets among federal district judges, despite the Eastern District of New York's heavy caseload of approximately 779 pending cases per judge and 472 civil filings annually as of 2013, enabling trials in straightforward cases shortly after initial conferences through aggressive personal oversight of motions and discovery. His written decisions have been noted for their volume and quality, with reversals occurring rarely, reflecting meticulous preparation that produces opinions resembling edited prose even when delivered orally. Colleagues and former associates have commended Cogan's even-tempered fairness, quick wit, and hands-on approach to case management, which prioritizes minimizing litigation costs and delays while treating cases as collaborative efforts between court and parties. Mentor Judge Edward R. Korman has highlighted his efficiency as a model for expediting resolutions, and former clerks describe him as an effective of legal . Cogan has volunteered for additional responsibilities, including accepting transferred cases, chairing the Eastern District's grievance committee, leading the Federal Bar Council's American Inn of Court, teaching at , and delivering lectures on to organizations like the American Law Institute-American Bar Association. He has also sat by designation on the Second and Ninth Circuits, indicating appellate-level trust in his judicial acumen. In the high-profile trial of , the Second Circuit Court of Appeals upheld the conviction in 2022, explicitly praising Cogan for conducting the three-month proceeding with diligence and fairness following a series of meticulously crafted pretrial rulings that addressed complex evidentiary and security challenges. This appellate endorsement underscores his capacity to manage extraordinary-risk cases without procedural error, contributing to the finality of the life sentence imposed in 2019.

Criticisms and controversies

Cogan's oversight of the trial prompted defense allegations of after the 2019 verdict, including claims that jurors conducted independent research on the case and expressed premature during deliberations. Guzmán's legal team moved for a , citing these issues as violations of fair trial rights, but Cogan conducted an investigation, including juror interviews, and denied the motion, finding no evidence of prejudice sufficient to warrant reversal. The Second Circuit Court of Appeals upheld the conviction in 2022, rejecting arguments of ineffective counsel and trial unfairness. Defense counsel also challenged Cogan's restrictions on Guzmán's prison conditions, including limited sunlight, phone access, and visits, arguing they amounted to psychological torment and impaired preparation. Cogan denied these requests, emphasizing risks from Guzmán's escape history and potential for communication with associates, noting that items could be weaponized. In a 2025 ruling, Cogan further rejected Guzmán's bid to meet a specific without proper motion filing, prioritizing procedural compliance amid ongoing security concerns. In immigration matters, Cogan's July 1, 2025, decision blocking the Department of Homeland Security's early termination of (TPS) for approximately 521,000 elicited criticism from administration officials. The ruling held that DHS Secretary exceeded statutory authority by accelerating expiration ahead of the Biden-era extension's February 2026 end date, without evidence of irreparable harm justifying deviation. A DHS spokesperson described the order as delaying justice and encroaching on executive immigration powers, though Cogan framed it as a narrow procedural vacatur under the , not a broad . The decision faced scrutiny amid broader debates over judicial checks on policy shifts, but remained undisturbed by higher courts as of October 2025. Cogan has faced fewer public controversies compared to peers in high-profile dockets, with appeals courts affirming most challenged rulings, including life sentences in cases and dismissals in prosecutions where evidence of intent was deemed insufficient.

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