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‘Lawyer’ of the Day: Howard O. Kieffer

kieffer.jpgWho is Howard Kieffer? Well, if you Google him, this bio on the Association of Federal Defense Attorneys will be one of your first hits:

Howard Kieffer is a nationally-recognized BOP and post-conviction specialist based in Santa Ana, California, just south of Los Angeles. He frequently works as a consultant with defense attorneys nationwide and has lectured at numerous conferences, including programs presented by NACDL, the ABA and AFDA.

Mr. Kieffer is the founder and moderator of BOPWatch, a Yahoo-based online news service that provides daily coverage on BOP topics and general news pertaining to federal criminal enforcement. To visit or sign up for BOPWatch, go to the following web address: http://groups.yahoo.com/group/BOPWatch/

According to the Denver Post, Kieffer’s expertise on the Bureau of Prisons comes from being inside one… serving time for grand theft and filing false tax returns. He may be headed back to prison soon for misrepresenting himself as a licensed attorney.

Kieffer claimed to have a law degree from Antioch School of Law (nope), claimed to be a member of the ABA and National Association of Criminal Defense Lawyers (nope), and claimed to be admitted to practice law in North Dakota (nope). He did manage to gain membership to the Federal Bar Association.

A California man misrepresented himself as a licensed attorney in at least 16 cases at 10 federal courts since 2004, including the case of an NHL player who pleaded guilty to hiring a hitman to kill his agent and a murder-for-hire trial involving an Aspen woman, according to records obtained by The Denver Post.

Clients and lawyers knew Howard O. Kieffer, 52, as a capable attorney specializing in federal sentencing and plea negotiations through the Santa Ana, Calif.-based Federal Defense Associates legal office, where he worked as executive director.

Sometimes practicing law is more about balls than a law degree. More on how Kieffer duped just about everybody, after the jump.

One of the tipsters who sent this in reports:

this is crazy - i practice in federal criminal court - this guy is well known as a sentencing/bop expert- turns out he’s not really an attorney at all. he even tried a case in denver in federal court…

Kieffer took his fake attorney road show across the country:

Federal court records show that, beginning in 2004, Kieffer was retained to work on cases in Alabama, Minnesota, Missouri, Georgia, Florida, Tennessee, Illinois, Kentucky, Ohio and Colorado.

In a majority of the cases reviewed by The Post, Kieffer came in as a post-conviction specialist asking for reductions in sentences where people had already pleaded guilty to charges such as possession of child pornography, marijuana distribution and wire fraud.

In all of the cases where a judge has rendered a decision, court records show the motions Kieffer filed to modify sentences were denied.

All of his motions were denied. Nice. One can claim to be an attorney, but training helps in making someone a good attorney.

Kieffer was able to get pro hac vice admittance in various jurisdictions because he was well known on the legal conference speaking circuit. Attorneys who sponsored him in Missouri and Georgia had met him when he spoke on panels at conferences organized by the U.S. Administrative Office of the Courts and National Association of Criminal Defense Lawyers.

Moral of the story: be warier at legal conferences?

Evidence against “attorney” [Denver Post]
Feds probing “attorney” who tried case here [Denver Post]

Comments

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1 Posted by guest | Permalink Wednesday, June 25, 2008 10:33 AM

First booyah

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2 Posted by guest | Permalink Wednesday, June 25, 2008 10:36 AM

The dreaded NTT education.

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3 Posted by guest | Permalink Wednesday, June 25, 2008 10:36 AM

first to say that this guy rocks!!

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4 Posted by guest | Permalink Wednesday, June 25, 2008 10:37 AM

Shouldn't he be "Non-Lawyer of the Day"?

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5 Posted by guest | Permalink Wednesday, June 25, 2008 10:38 AM

the Elite are issuing opinions left and right and this is what we're discussing?

...still waiting to hear about guns...

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6 Posted by guest | Permalink Wednesday, June 25, 2008 10:39 AM

10:38 - I think the term is "the Elect."

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7 Posted by guest | Permalink Wednesday, June 25, 2008 10:40 AM

At least he got to go to court. Some associates at big firms would sell their first born to be in court as much as this guy. Like the litigation partner who has never tried a case. LOL

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8 Posted by guest | Permalink Wednesday, June 25, 2008 10:40 AM

At least he got to go to court. Some associates at big firms would sell their first born to be in court as much as this guy. Like the litigation partner who has never tried a case. LOL

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9 Posted by guest | Permalink Wednesday, June 25, 2008 10:48 AM

It doesn't say much for our legal profession that you don't need to go to law school or take the bar to be a decent attorney. I want my $150,000 back from my alma mater.

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10 Posted by guest | Permalink Wednesday, June 25, 2008 10:49 AM

It doesn't say much for our legal profession that you don't need to go to law school or take the bar to be a decent attorney. I want my $150,000 back from my alma mater.

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11 Posted by guest | Permalink Wednesday, June 25, 2008 11:07 AM

Seems like a good attorney - law degree or not. Back in the day, you didn't have to have a law degree - you just had to be an apprentice for a year or two, and then you could hang out your own shingle. I doubt I know more than this guy - even with my top ten law degree.

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12 Posted by guest | Permalink Wednesday, June 25, 2008 11:10 AM

Heard a great story from a partner about a guy like this. Some people are just fantastic (and pathological) liers.

I believe they went to law school at Harvard. After graduation, the guy got a job with a big Boston firm. He took the bar, but soon found out that he didn't pass. That didn't keep him from telling the firm and partners that he did pass. He kept practicing. He forged/created a bar admission number, and even wrote and signed court papers by himself.

A couple of months pass, and one of the partners quickly grew suspicious. The partner came to the guys office and called him out about not passing the bar. The guy then called a friend of his on the phone, PRETENDING that he was on the phone with a judge. He tried to play it off, and told the partner that the judge was going to send him the corrected information on his bar admission. Partner saw through this, and fired the guy.

Well, this made its way to his bar file, which pretty much blackballed him for character and fitness purposes. That didn't stop the guy from moving to California, stealing the identity of a local attorney, and practicing law there. He even got a job with a large firm (I believe Wilson Sonsini), and practiced with them for a few months. At that point, his lies unraveled again.

For his encore, the guy applied to business school at one of the Ivy League schools. In his application, he discussed a "non-profit corporation" he "created" and "operated" for the past few years, which did something with providing aid to children in underdeveloped countries. Of course, the non-profit was non-existent. The Ivy Business School didn't do their homework though (apparently), and offered the guy a large scholarship and stipend. The guy took it. Well, true to form, he got busted by the school a few months later and was prosecuted for fraud.

No one from school had seen the guy for years. The lawyer who told me this story saw him recently on a subway platform in NYC. He tried to get the guy's attention to say hello, and when the guy saw and recognized him as a former classmate, he turned and ran away as fast as he could.

I believe this story ended up on the cover of the ABA Journal a few years back, and I may have botched some of it, but the gist is there.

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13 Posted by guest | Permalink Wednesday, June 25, 2008 11:23 AM

@10:49 AM

Apparently you should ask for your money back, since they didn't teach you reading comprehension. The guy was a terrible lawyer. He probably lied his ass off and people (especially the people he was retained by) were desperate enough to believe him.

Anyway, I can't stand frauds like him. I know too many stories of people who falsify record to get ahead, and I hope he's prosecuted to the full extent of the law.

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14 Posted by guest | Permalink Wednesday, June 25, 2008 11:23 AM

11:10: Too bad he took the scholarship/stipend. Business schools, like most of us, don't like you cheating them out of their money. If you graduate, and cheat OTHERS out of their money, on the other hand, you can get a building named after you...

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15 Posted by guest | Permalink Wednesday, June 25, 2008 11:29 AM

Not terribly shocking that his motions for sentence reductions were denied-- those are almost always denied. Even a good lawyer can't do anything where the law and facts and law are against him.

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16 Posted by guest | Permalink Wednesday, June 25, 2008 11:35 AM

Kieffer gives new meaning to "jailhouse lawyer".

If find it interesting that Kieffer selected North Dakota as the state he was suposedly licensed in.

Let me guess: Their bar records were not on-line and readily available.

@10:49 AM: Apparently the guy was not so bad as a "lawyer". Other lawyers (lots of them) paid to hear him speak about sentencing (which is complex) and no one (including a lot of prosecutors and federal judges suspected for a long time.

I am just glad that Kieffer did not "become" a surgeon. Maybe after he is paroled.

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17 Posted by guest | Permalink Wednesday, June 25, 2008 11:42 AM

What might motivate someone to commit such fraud? If he’s intelligent enough to practice law without formal study, why couldn’t he ace an LSAT and go to law school?

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18 Posted by guest | Permalink Wednesday, June 25, 2008 11:52 AM

11:42: The guy had fraud and tax evasion convictions. That stretches the bounds of "Morally Fit"

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19 Posted by guest | Permalink Wednesday, June 25, 2008 12:33 PM

Shades of Dorsey & Whitney!

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20 Posted by guest | Permalink Wednesday, June 25, 2008 1:06 PM

@ 11:42 - Perhaps the $100,000 of debt he saved himself. Not to mention, his prior convictions for grand theft and filing false tax returns would most likely have prevented him from getting in to law school, and/or taking the bar.

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21 Posted by guest | Permalink Wednesday, June 25, 2008 1:11 PM

21st!

Blackjack!

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22 Posted by guest | Permalink Thursday, June 26, 2008 12:33 PM

@11:42. Doing well on the LSAT says nothing about your abilities as an attorney.

More generally, I agree that he should be prosecuted for fraud but as a general matter I feel that the attorney licensing process really means nothing. A number of countries don't give lawyers a monopoly on legal advice and things work quite well.

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23 Posted by guest | Permalink Tuesday, September 16, 2008 2:48 PM

poop

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24 Posted by guest | Permalink Friday, September 19, 2008 9:52 AM

y'know, this harks back to the days when you didn't have to go to law school to be a good attorney. Granted that current law schools teach you what you need to know, but someone who jumps into the legal profession and does a good job after so many years maybe shouldn't be labeled a "con-artist."

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25 Posted by guest | Permalink Wednesday, October 1, 2008 9:03 AM

I am one of the unlucky, desperate ones who paid kieffer in excess of 20,000 to represent my son. He took my money and my son's life in his hands and I am really angry. He also attempted to extort another 6.000 after he had been caught. If not for my daughter's dilligence I would be out that amount also. Now he will get to play golf for a few years. How fair is that!~

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26 Posted by guest | Permalink Wednesday, October 1, 2008 9:04 AM

I am one of the unlucky, desperate ones who paid kieffer in excess of 20,000 to represent my son. He took my money and my son's life in his hands and I am really angry. He also attempted to extort another 6.000 after he had been caught. If not for my daughter's dilligence I would be out that amount also. Now he will get to play golf for a few years. How fair is that!~

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27 Posted by guest | Permalink Wednesday, October 1, 2008 9:04 AM

I am one of the unlucky, desperate ones who paid kieffer in excess of 20,000 to represent my son. He took my money and my son's life in his hands and I am really angry. He also attempted to extort another 6.000 after he had been caught. If not for my daughter's dilligence I would be out that amount also. Now he will get to play golf for a few years. How fair is that!~

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28 Posted by guest | Permalink Tuesday, November 18, 2008 12:15 AM

He got $30,000 from me and my brother sits in solitary for the last 5 and maybe next 40. Thanks Feds for your great system and selective enforcement

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29 Posted by guest | Permalink Tuesday, November 25, 2008 8:06 PM

Strange Journey of Howard Kieffer

In 2006, Howard Kieffer represented a professional hockey player convicted of trying to kill his agent. He also defended a phony preacher who ran a fraud empire out of his Atlanta prison cell. In 2007, Kieffer was hired to represent a Colorado woman charged in a high-profile murder-for-hire case. That same year, he testified in a case of an accused terrorist in Miami.
When a federal prosecutor discovered Kieffer wasn’t an attorney in 2006, the ruse was never exposed.
These are just a few chapters in the 53-year-old Kieffer’s strange but true life.
Court records, news reports and interviews with people he duped reveal that before he was arrested at his Duluth home last month on federal charges of mail fraud and making false statements, Kieffer already had a lengthy criminal record, including a conviction for scamming the Internal Revenue Service; was often in the spotlight for major cases; and even was a Democratic Party delegate and campaign aide for a U.S. congresswoman in California.
Yet he was always one step ahead of a system that seemingly had no interest in catching him.
During his “career,” court records and archived news stories show that Kieffer was able to defend numerous high-profile cases, make thousands of dollars and buy high-priced homes and cars while never raising the suspicion of the real lawyers he practiced with, seemingly because he was knowledgeable on the law.
An unusual history
Among the many strange twists his life has taken, according to news reports and court records:
* In 1976, he was found guilty of possessing more than $48,000 in stolen checks, a conviction set aside because he was only 20.
* In 1983, he was convicted of grand theft. According to the Los Angeles Times, he illegally deeded himself a home that he used as collateral for a loan. “When the loan was foreclosed,” the paper reported, “the actual owner, a widow, was forced to give up the home to pay for it, authorities said.”
* Between 1985 and 1989, he violated his probation by using a former employer’s credit card to buy furniture. “It is apparent [Kieffer] is criminally oriented and will continue his criminal acts,” his probation officer is quoted in the Orange County Weekly as saying.
* In 1989, at age 33, he was convicted and sentenced to five years in prison by a federal court for filing fake tax returns in what was called “one of the largest tax scams ever uncovered in Southern California.” For five years, according to the Los Angeles Times, Kieffer filled in W-2 forms with bogus salaries drawn from fake companies, demanding refunds for the excess withdrawals he claimed. In total, he stole $212,000 from the IRS before it caught him through a tip.
* That same year, upset by the charges and his previous convictions, the Democratic Party of Orange County tried to oust him from its board.
* In 1991, imprisoned at Sandstone, Minn., Kieffer filed a complaint against a warden and represented himself in U.S. District Court in Minneapolis.
* By 1992, he was out of prison. By 1997, he had formed a Santa Ana, Calif.-based business called District Counsel, which at the time was listed as a debt collection company but now is listed as a law firm and uses the same e-mail address as Kieffer’s other “law firm,” Federal Defense Associates. An incorporation record listed his wife, Leanne, as the company’s president. Both were named in a 1999 breach of contract suit against District Counsel, according to Orange County Superior Court records.
* In the mid 1990s, Kieffer became one of the biggest leaders and donors of the Orange County Democratic Party and played a leading role in the campaign of Loretta Sanchez, who won election and has served in Congress since 1996.
Other Sanchez backers at the time urged her to drop the known felon from her campaign, but Sanchez was quoted by the OC Weekly saying they would remain “close friends.”
“What am I supposed to do — shun him?” she asked in an interview,
Sanchez’s office declined comment for this article, saying only that Kieffer was just a volunteer for her campaign.
* In 2003, Kieffer and his wife were taken to court by the city of Santa Ana for refusing to do anything about the barking of their two springer spaniels. It was a case, Kieffer was quoted as saying, “that showed the lack of supervision and accountability in the city attorney’s office.” After several days of testimony, a jury found the Kieffers guilty, a decision that was reversed by the judge, who said the ordinance was unconstitutional. A smiling Kieffer posed with one of the offending dogs for a photo that ran in the Los Angeles Times.
* In early 2006, Kieffer represented Wayne Milton, a fake preacher who sneaked out of federal prison camp at night to further his mortgage fraud schemes. Milton was convicted on charges of escape from federal prison, conspiracy to commit mortgage and grant fraud, and aggravated assault on a deputy U.S. marshal, according to the Atlanta Journal-Constitution.
* In mid-2006, Kieffer represented St. Louis Blues hockey player Mike Danton in an unsuccessful appeal of his sentence for plotting to have his agent killed.
* In September 2006, William Siler, an assistant U.S. attorney in Tennessee, discovered that though Kieffer claimed to be admitted to practice law in California, a simple phone call and letter from a clerk for the 9th Circuit U.S. Court of Appeals found that wasn’t true.
Siler forwarded his findings to the Tennessee Attorney General’s office, which apparently never followed up with an investigation. The office did not return a News Tribune phone call seeking comment.
“There wasn’t much they could do with the case,” Siler said. “It wasn’t like he was practicing in Tennessee.”
* Sometime in 2006, Kieffer, his wife and their daughter moved into a home near the University of Minnesota Duluth campus. It’s not known why they chose Duluth.
* By 2008, Kieffer was known as one of the foremost experts on federal prisons and sentencing appeals, representing at least 16 different clients in 10 jurisdictions and boasting several high-profile cases. He even testified in the Miami case of Kifah Wael Jayyousi, a co-defendant of convicted terrorist abettor Jose Padilla.
Under questioning in that case on June 5, according to court records, Kieffer said he earned a degree from Antioch School of Law and that he was licensed to practice in North Dakota and California. However, he admitted in a letter to the U.S. District Court of North Dakota on June 30 that he was not a graduate of an accredited law school and not a bar member of any legal jurisdiction. That letter caused him to be disbarred.
Kieffer, who pleaded not guilty to the federal charges last week in Bismarck, N.D., did not respond to requests for comment for this story.
Blending in with the crowd
So how did he convince other attorneys that he was a lawyer? By intermingling with them and sounding remarkably like one.
“He knows what he’s talking about,” said Bruce Houdek, a Kansas City, Mo.-based defense attorney whom Kieffer fooled.
Houdek said he first met Kieffer at a training seminar for federal defense attorneys, where he said Kieffer often gave sound legal advice and spoke so much that Houdek thought he was a featured speaker. The group sponsoring the seminars denies that.
Kieffer later asked Houdek to help him gain access to practice in a Missouri court through a “pro hac vice” motion, in which Houdek essentially vouched that Kieffer was a lawyer in good standing with the federal courts.
Because of his experience at the seminars, Houdek said he never thought to question Kieffer’s credentials.
“He’s very competent in his area,” he said. “He seemed like an expert.”
That was the impression Kieffer gave Neal Atway, an Ohio attorney who first met Kieffer about four years ago at a training seminar.
“He seemed like a very intelligent lawyer,” he said. “The guy knew a lot of things that us lawyers didn’t know.
“He actually gave me some ideas on some cases in legal arguments that I thought, ‘Wow, that’s pretty intelligent. I never thought about that,’ ” he said. “I found out afterward that the reason he knew about an area is that he was convicted under an act that he mentioned to me.”
Atway said Kieffer conned him into consulting on two cases. On the first, Kieffer gained Atway’s trust by helping him get a client transferred to a prison closer to his home in Arizona.
After that, Atway had a client who wanted him to call Kieffer for help to get the client’s sentence reduced. Atway said Kieffer ended up bungling the case.Atway still is upset about being duped.
“If I see that guy again,” Atway said, “I’m going to kill him.”
Atway said his court district requires all federal defense attorneys to attend at least one training seminar a year. While those seminars are only open to federal defense attorneys, they appear to be where Kieffer met many attorneys who were later duped.
“Howard Kieffer regularly attended these seminars,” Atway said. “Whenever I think back to the ones I’ve attended, he was at just about all of them. I would talk with attorneys who were at other seminars and said he was there. He must have been at all of them.”
Dick Carelli, a spokesman for the federal defenders training branch, which sponsors the seminars, said it appeared that Kieffer falsified information to attend entry into the seminars.
“The standards are nowhere near as stringent for practicing in court,” Carelli said.
He said that in March 2008 seminar sponsors learned Kieffer wasn’t a federal defense attorney and even had questions that Kieffer was an attorney at all. He was confronted at a Chicago seminar and told to leave and not come to future events.
But Carelli said law enforcement was never notified.
Why?
“I don’t think I could supply an answer that would satisfy you,” he said. “We’ll just leave it at that.”

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30 Posted by guest | Permalink Wednesday, November 26, 2008 9:35 PM

Prosecutors: Alleged phony lawyer violated order
By DAVE KOLPACK Associated Press Writer
Updated: 11/26/2008 03:22:03 PM MST


FARGO, N.D.—Prosecutors are seeking to arrest a man accused of impersonating a lawyer in Colorado and elsewhere, saying he violated the terms of his release while awaiting trial.
Howard O. Kieffer, 53, was released in September after pleading not guilty to mail fraud and false statements. Under the terms of his release, Kieffer was told he could not represent himself to clients as an attorney or a consultant.

"The ink was likely not yet dry before Howard Kieffer violated that condition," a motion filed by the U.S. attorney's office says.

http://www.denverpost.com/breakingnews/ci_11081679

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31 Posted by guest | Permalink Sunday, January 25, 2009 3:09 PM

So because the Feds don't wabt to admit they made a mistake Kieffer gets to keep his millions? All it took was a five minute phone call or internet search. Even when they caught him they just sent him out to steal some more.

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32 Posted by guest | Permalink Sunday, January 25, 2009 3:09 PM

So because the Feds don't want to admit they made a mistake Kieffer gets to keep his millions? All it took was a five minute phone call or internet search. Even when they caught him they just sent him out to steal some more.

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