The same judge presided over the criminal fraud prosecution and the parallel SEC civil action. 28 U.S.C. § 455 is mandatory and self-executing. At least six independent grounds required his disqualification. He disqualified himself on none of them. The remedy is vacatur. Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847, 862–64 (1988).
Admitted On the Record, While Imposing Sentence
“I, I, I have invested, I've made a claim . . . you're going to get the portion that you lost.”
— Sentencing Tr., ECF No. 310, at 69:12–18 (June 6, 2023)
1 — § 455(b)(4) FINANCIAL INTEREST
Admitted from the bench, and corroborated by his own financial-disclosure reports. The judge purchased Apple on Dec. 24, 2018 — inside the class period of In re Apple Inc. Securities Litigation, No. 4:19-cv-02033 — and held it at value code K ($15,001–$50,000) through 2020; that action settled Sept. 18, 2024, while the direct appeal was pending and he remained a class-eligible holder. He purchased Boeing (Dec. 24, 2018; Feb. 14, 2019) inside the class period of In re The Boeing Co. Aircraft Securities Litigation, and Exxon Mobil (same dates) inside the class period of Yoshikawa v. Exxon Mobil Corp., No. 3:21-cv-00194-N (N.D. Tex.). Section 455(b)(4) asks whether the judge holds a financial interest in the subject matter in controversy — securities class-action claim eligibility and recovery, the very activity he admitted engaging in. Section 455(d)(4) defines that interest to include ownership “however small,” foreclosing any de minimis argument. His 2008–2018 disclosures have never been produced.
2 — § 455(b)(1) PERSONAL BIAS
Nine months before trial, at a hearing the defendant had no notice of and did not attend, the judge placed him among those “who have been making money by illegal means” — before a word of evidence was heard — and resented that he had retained counsel rather than a federal defender. ECF No. 71, at 27 (21-cv-4845). Told the defendant's wife, a non-party, was not working, he answered “Res ipsa.” Confronted at sentencing with having called the case “a crime against the Courts” and the defendant's wife a beneficiary of “the fruits of this criminal enterprise,” he denied neither, saying only that “this Court was not biased.” ECF No. 310, at 76:7–14.
3 — § 455(b)(5)(i) THE JUDGE IS A NAMED PARTY
Since January 2024 the judge has been a named defendant in Cammarata v. Donnelly, No. 24-cv-1000 (D.N.J.), a civil action arising from the same conduct — and continued to preside.
4 — § 455(b)(5)(iii) PERSONAL KNOWLEDGE OF DISPUTED FACTS
He declared the matter “a crime against the Courts” at an ex parte TRO hearing, before any evidence was taken. He signed a 900-page-plus ex parte freeze of more than $78 million in under twenty-four hours — against alleged proceeds of roughly $16 million — with no finding of irreparable harm anywhere in its eighteen pages, as Rule 65(b)(1)(A) requires. He set the show-cause hearing for 9:00 a.m. on Nov. 9, 2021 in Philadelphia — the precise hour the defendant was compelled to appear at his bail hearing 1,200 miles away in the Southern District of Florida. The court memorialized it: “No one appeared on behalf of Defendants Joseph A. Cammarata.” ECF No. 17. The order was then extended past the fourteen-day limit without hearing or consent, and expired by operation of Rule 65(b)(2) at 11:59 p.m. on Nov. 24, 2021. Cf. SEC v. Antar, 71 F.3d 97 (3d Cir. 1995).
5 — § 455 THE NEW INDICTMENT AND CONTEMPT TRIAL BEFORE THE SAME JUDGE
On May 28, 2026, the same AUSAs — David Ignall and Paul Shapiro — obtained a new indictment, No. 26-cr-238-CFK (E.D. Pa.), again assigned to the same judge. Its lead count charges criminal contempt under 18 U.S.C. § 401(3) for allegedly disobeying the very asset-freeze order that judge himself issued — an order entered without the required findings, unlawfully extended, expired by operation of law, and still on appeal in No. 24-1381, where the Commission has filed no responsive brief in over two years. A judge cannot preside over a contempt prosecution of his own order, brought by prosecutors the defendant has sued, while his authority to have entered that order is the question on appeal. That is self-dealing.
6 — § 455(a) APPEARANCE OF PARTIALITY
Where the government identified no individual victim, the judge manufactured one — declaring the settlement administrators “the victims” and applying a ten-or-more-victims enhancement on that basis. The author of the affirmance, Judge D. Brooks Smith, rejected that theory at oral argument: “He also called the administrators victims which can't be correct.” The judge then bypassed available domestic funds to liquidate a foreign-trust asset the defendant did not own. In the parallel civil case he granted summary judgment on a motion the docket proves was never received, on the legally untenable ground that securities fraud was collaterally estopped by a wire-fraud conviction — after expressly declining to decide the securities-fraud question in the criminal case. Allen v. McCurry, 449 U.S. 90 (1980); Caperton v. A.T. Massey Coal Co., 557 U.S. 868 (2009).
Any one of these grounds required disqualification. Their convergence in a single judge — who then imposed a 120-month sentence on conduct he conceded involved “real trades” — is the grave § 455 violation for which Liljeberg prescribes vacatur.