Cocaine / Crack

A Portrait of the Accused as a Young Man (Plus a reader poll: innocent?)

By David Lat

Stephen McDaniel

Revelations continue to spill forth regarding Stephen Mark McDaniel, 25, the recent Mercer Law School graduate accused of killing his former classmate and neighbor, Lauren Giddings.

On Saturday, the Macon Telegraph reported on a theory that Stephen McDaniel was framed for the murder of Lauren Giddings. This theory was advanced by McDaniel’s mother, Glenda McDaniel, who steadfastly maintains her son’s innocence. As commentator Kenny Burgamy aptly noted in the Telegraph, “A mother’s love is instinctual, unconditional and forever.”

Yesterday the Telegraph followed up with a detailed profile of Stephen McDaniel, looking at his childhood, family background, and college years. It’s a great read; check it out in full over here.

To whet your appetite, let’s cover the highlights….

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Non-Sequiturs: 07.19.11

By Elie Mystal

* Urging people to kill the president is protected speech, according to the Ninth Circuit. So if you are playing along at home, judges think that talking about killing judges is wrong, but they don’t care if you threaten the executive branch. [Wired]

* Did anyone start Dewey & LeBoeuf in their Dodger lawyers fantasy lineup? [Am Law Daily]

* I thought the Roger Clemens mistrial was due to government incompetence, but this guy thinks it’s due to government arrogance. [The Legal Blitz]

* Yes, I know Ben Wallace is thinking of going to law school. I wrote about it when I heard about it last fall. Sadly, I have no additional thoughts on the matter since my prior post. [ABA Journal]

* The U.S. Government has decided to stop pursuing Randy Quaid. When reached for comment, Russell Casse said: “They’ve got bigger fish to fry now, believe you me.” [Gawker]

* Delaware should make it more efficient for law firms to tax public mergers. If you don’t like it, you’re feel to come up with some other way for your firm to generate half a million in undeserved fees. [Dealbreaker]

* Cocaine’s a hell of a drug. [New York Times]

* Which is why some might try to pay an Ivy League tuition by selling it. [Village Voice]

A Closer Look at Paul Bergrin, Former Federal Prosecutor Accused of Murder-for-Hire

By David Lat

Paul Bergrin

I’ll always be grateful to Paul Bergrin, the New Jersey federal prosecutor turned notorious criminal defense attorney. Thanks to him, I’ll never have to worry about being the most scandalous alumnus of the U.S. Attorney’s Office in Newark.

While working as an assistant U.S. attorney, I wrote a mildly snarky blog about federal judges, pretending to be a woman, until I outed myself in the pages of the New Yorker. That pales in comparison to what Bergrin stands accused of doing, including (but not limited to) the following: operating a real-estate scam, which defrauded lenders of over $1 million; running a high-volume drug dealership, which was apparently big enough to move 120 pounds of uncut cocaine; running an illegal escort service; and, most seriously of all, having witnesses murdered to keep them from testifying against his clients.

It’s hard to believe that Paul Bergrin was once a federal prosecutor. It’s not hard to believe that he is, in the words of New York magazine, “The Baddest Lawyer in the History of Jersey.”

But let’s recall that the charges against Bergrin are just that — charges, which Bergrin disputes. Last week, represented by prominent defense lawyer Lawrence Lustberg, Bergrin appeared in federal court in Newark and pleaded not guilty to all 33 counts in the 139-page indictment. Bergrin’s trial is currently set for October 11 before Judge William J. Martini.

In light of the astounding charges leveled against him, Paul Bergrin has taken on a larger-than-life aura — the man, the myth, the legend. What is he really like?

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Lawyer of the Day: Las Vegas Drug Prosecutor Arrested for… Drugs

By David Lat

Paris Hilton

Maybe it’s time for us to have a national conversation about legalizing drugs. It’s interesting to see how many folks in charge of enforcing and administering our nation’s drug laws seem to have drug problems themselves.

We all recall the sad story of former federal judge Jack Camp. After years of sending offenders off to prison for narcotics offenses, ex-Judge Camp pleaded guilty to drug offenses of his own. He was sentenced to 30 days in prison — less time than what Paris Hilton got.

And speaking of Paris Hilton, it seems that one of her former prosecutors — a top drug-crime prosecutor in Las Vegas — was just arrested.

For what? For drugs….

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Former Federal Judge, Caught in Drug and Prostitution Scandal, Cites Brain Damage and Depression

By David Lat

It was quite shocking last October when word first surfaced that then-federal judge Jack Camp, at the time a senior judge for the Northern District of Georgia (Atlanta), might have indulged in cocaine, marijuana, and sex with a prostitute. The charges were hard to believe, especially given Judge Camp’s judicial office.

But, as it turned out, there was some truth to the allegations. In November, Judge Camp pleaded guilty to criminal charges stemming from his role in a scandal that involved drugs, guns, sex, and a stripper named Sherry Ann Ramos.

Now new information has come to light that makes Judge Jack Camp’s behavior perhaps more understandable, even if still illegal….

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Biglaw Blind Item: What Does It Look Like When A Partner Gets Fired?

By David Lat

We’ve already shown you what it looks like when an associate gets laid off from a law firm. It’s not pretty.

What does it look like when a law firm fires — or tries to fire — a partner?

Well, that is even uglier….

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Notes on Camp: More on the Federal Judge Accused of Drug (and Whore) Use

By David Lat

In December 2008, then-Chief Judge Jack Camp (N.D. Ga.) gave an interesting interview to the Fulton County Daily Report. In explaining his decision to enter the semiretired state available to certain federal judges known as senior status, Judge Camp said that senior status would allow him to do some things “I really want to do, but never had a chance to do.”

Things like cocaine, marijuana, oxycodone, and a prostitute named Sherry Ann Ramos — if law enforcement allegations are to be believed, that is. (Everyone is presumed innocent until proven guilty, especially the exalted legal deities known as Article III judges, and Judge Camp’s attorney has stated that His Honor plans to plead not guilty.)

Let’s behold the hottie who may have been been the Georgia jurist’s downfall — and hear from some folks who have interacted with Judge Camp….

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Did Judge Jack Camp Pay for Coke, Pot — and Sex?

By David Lat

Judge Jack Camp: Don't be fooled by his grandfatherly exterior.

The allegations against Judge Jack Camp (N.D. Ga.), which we mentioned earlier today, are far more salacious than we expected. In fact, they’re hard to believe.

“Learned Paw” posted this tongue-in-cheek comment, inspired by Hunter S. Thompson’s Fear and Loathing in Las Vegas, on our earlier post:

I am not surprised by the bust of Judge Camp, considering the last trip I took with him. We had two bags of grass, seventy-five pellets of mescaline, five sheets of high-powered blotter acid, a saltshaker half-full of cocaine, and a whole galaxy of multi-colored uppers, downers, screamers, laughers . . . Also, a quart of tequila, a quart of rum, a case of beer, a pint of raw ether, and two dozen amyls. Not that we needed all that for the trip, but once you get into locked a serious drug collection, the tendency is to push it as far as you can. The only thing that really worried me was the ether….

There’s no indication that the 67-year-old Judge Camp tried ether. But if the allegations of law enforcement are to be believed, Learned Paw / Hunter S. Thompson is not far off the mark.

According to the criminal complaint in the case, Judge Camp used a wide range of controlled substances — in the company of an exotic dancer / prostitute, who turned out to be a confidential informant….

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The Shaggy/Paris Hilton Defense, Supercharged

By Elie Mystal

Last month, Marin broke down the Paris Hilton defense to a drug possession charge. Put simply, saying “it wasn’t me” when confronted with drugs found on your person strains credulity.

Especially if those drugs are found in your ass. Which is what happened to a Florida man over the weekend…

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Lawyer of the Day: Taking a Performance Enhancement During Trial Lands a Lawyer in Jail

By Elie Mystal

Would you want your lawyer to do everything in his power to zealously represent you during your trial? What if doing all he can involves snorting a line during your trial?

Hey, don’t be too quick to judge. Coke heads tend to be alert and aggressive — and those are good qualities for a trial lawyer to have. And I don’t know about you, but one of the things I always tell my lawyer upon the first meeting is: “Look buddy, you handle your detox issues on your own time. When you’re billing me, I want you on whatever drug cocktail you need to be at your best.”

Of course, not all clients are as self-interested as I am. And most court officers also have ridiculous “standards” about “drug use in the courthouse.” Sheesh.

So, unfortunately, a Minnesota lawyer is going to have to spend two days in the pokey for his illicit trial prep skills…

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Judge of the Day: Rudolph Randa

By David Lat

It’s hard out here for an immigrant. Arizona has immigrants in the crosshairs, as we all know. Immigrants might also be unable to clerk for federal judges (or at least get paid for it).

And when they commit crimes and get sentenced, immigrants are sometimes subjected to snide remarks by judges. The Seventh Circuit recently vacated a sentence and remanded for resentencing by a different judge, after trial judge Rudolph Randa (E.D. Wis.) made some unfortunate comments in sentencing defendant Jose Figueroa. From the Seventh Circuit opinion, by the fabulous Judge Diane Wood:

During the hearing, the district court digressed to discuss Figueroa’s native Mexico, the immigration status of Figueroa and his sisters, and the conditions and laws in half a dozen other countries—not to mention unnecessary references to Hugo Chávez, Iranian terrorists, and Adolf Hitler’s dog.

Chávez, Iranian terrorists, and Hitler’s dog. Those are all § 3553(a) factors, right?

So how exactly did Judge Randa achieve the impressive feat of working all of these topics into a routine sentencing?

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Fame Brief: Paris Hilton and the Shaggy Defense

By Marin

As you’ve probably heard, last week Las Vegas cops arrested partying hag Paris Hilton for cocaine possession, after pulling her over in a Cadillac Escalade that was trailing marijuana smoke. And as you’ve probably also heard, the police would have never found the coke in the first place if Paris hadn’t been such a vain twit:

According to Sgt. John Sheahan, while police were questioning Waits, Hilton, who was in police custody inside the Wynn Las Vegas, allegedly reached inside her purse for “a tube of lip balm. At the same time, says Sheahan, a bindle of cocaine in a plastic bag came out of her purse” in plain view of police in the room.

Paris shrewdly floated several excuses – that the purse wasn’t hers and that she had no idea that the coke was in there, or that she had seen the coke in there, but mistook it for gum* – before settling on the airtight alibi that the purse was in fact hers but she had loaned it to a “friend” who left coke in there. Throw the kitchen sink at the police and see what sticks, that’s what I always say….

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This Is What Happens To A Biglaw Partner on Drugs

By Kashmir Hill

holland and knight prestige crack Theodore Silva Jr.jpgLast decade — back in the aughts — a Holland & Knight real estate partner got up to some very bad things. While we have heard that coke can be an aid for sleep-deprived attorneys, it caused problems for Theodore Silva Jr.
Silva was formerly a partner in Holland & Knight’s D.C. office. According to the National Law Journal, in 2005, Silva forged signatures and created fictitious notaries for an easement agreement. Then he lied to his clients and bar counsel about that and about his cocaine use:

[Silva] attributed his conduct to stress, cocaine use and drinking. The incident cost the firm about $150,000 in expenses plus 50 hours’ work from another Holland & Knight partner who had to rectify the problems.

Silva, who had made partner in 1995, was fired by Holland & Knight in 2006. The District of Columbia Board of Professional Responsibility just issued its report [PDF] and its recommendation for discipline last week.
The Legal Blog Network is surprised that this conduct was not enough to get Silva disbarred. We’re surprised to learn that Silva had a coke use criminal charge in 2002 and that it passed the sniff test at Holland & Knight. As long as the snow helped Silva make it rain, it seems the firm didn’t mind what he did with his dollars.

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ATL Contest: Akin Gump Has the Coolest Holiday Card

By David Lat

law firm holiday card contest AboveTheLaw Above the Law.jpgCongratulations to Akin Gump, winner of Above the Law’s inaugural holiday card contest. Check out their very funny and clever card over here.

The voting wasn’t even close. There were seven entrants, but Akin walked away with over 44 percent of the vote. It was the commenters’ favorite, too:

“I work at HayBoo [Haynes and Boone], and really like our card. But I was actually laughing (alone in my office) at Akin Gump’s. A little cliched, but still, well-executed.”

“Akin hands down. All others were simply dreadful.”

“OK, the Akin Gump ‘holiday’ card (we all know we are talking xmas cards here) is hands down the best by a very wide margin, although the Goodwin Procter ‘gift’ of a pile of blow on the mantle at the end of their e-card was a nice touch.”

(That does look like cocaine, doesn’t it? Check out the Goodwin Procter card here.)

Once again, congratulations to Akin Gump on a well-deserved victory!

P.S. We received a few nice late submissions, like Proctor Heyman (inspired by the Abbey Road album cover) and Howard Rice (donating the savings from sending electronic rather than physical cards to a charity chosen by readers). Unfortunately, we were unable to include them because voting was already underway. Check ATL early and often, so as not to miss our contests and other features.

Earlier: ATL Contest: Holiday Card Coolness
A Fun Law Firm Holiday Card

I Hear That ‘Magic Circle’ Powder Is Killer

By David Lat

pacino plays biglaw associate.JPGBack in the eighties, the popular myth was that all Manhattan attorneys had a leather briefcase, a good blue pen, and a Scarface-sized bowl of cocaine on their desk. Sadly, by the time I got to Biglaw the briefcase had been replaced by a canvas bag with a gaudy firm emblem emblazoned on the side like the mark of the beast. The nice pen was replaced with a desktop computer designed to block The Onion. And the coke was replaced by the marvelous ephedrine they used to put into Red Bull.

But perhaps London attorneys are poised to relive the NYC glory days. A new study reports that hard drug use is on the rise in the U.K.:

One partner claims he knows “people who just make a phone call from their office and nip down to reception to pick up their delivery” — something that happens in every big law firm, he claims.

The survey, by the magazine Legal Business, also says that there is evidence of “cocaine clubs” in law firms’ basements and of partner-led games of poker and taking cocaine with clients. But it also finds that law firms are ignorant or indifferent to the problem. One lawyer is quoted: “I spanked £100,000 on cocaine in one year and no one noticed.

If a partner ever invited me to a coke and poker party I would still be in rehab a practicing attorney today.

The key similarity between Britain today and the America of yesterday seems to be the total professional indifference to drug use:

The legal profession, unlike other classic professions such as medicine and teaching, does not give a damn, as long as you are profitable.

Well, nobody wants a coked-up doctor trying to save you from a cocaine overdose. And nobody wants a coke-head teaching your kids. But if a little nose candy is going to make you work longer, why would partners particularly care what you do on the side?

Because you could die? Because partners care about your health? Right. You could be the last unicorn and you’d still bill 100 hours a week if there was work to be done.

Substance abuse problems that span the ocean after the jump.

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Blow-by-Blow (Get it? Blow?)

By Stella Q

Blow Candy.jpgA candy company’s been under some scrutiny lately about their new drink mix, which they innocently named “Blow.” It comes in little clear packets and supposedly gives you lots and lots of energy. Athough it probably doesn’t work as well as that Adderall you have in your desk, it is likely much cheaper.
In any event, get your Blow now if you want it. The FDA is mighty displeased, and they’ve threatened legal action if the company doesn’t “rehab” its image. Hmm, what other drug-related words can we pack into this story?

Breaking (Down Completely): Lindsay Lohan!

By David Lat

Lindsay Lohan Help Me Drudge Report Abovethelaw Above the Law blog.jpgOh goodness. And you thought Paris Hilton was troubled. From the AP:

Lindsay Lohan, who just finished a second stint in rehab for substance abuse treatment, was arrested on suspicion of drunken driving early Tuesday, authorities said.

Lohan, who is already facing a drunken driving charge in Beverly Hills, was pulled over near the Santa Monica Police Department after authorities spotted her car chasing another vehicle…..

Authorities conducted a field sobriety test and then transported Lohan to the police department. The 21-year-old actress was booked on suspicion of driving under the influence of alcohol, driving on a suspended license and possession of cocaine, among other charges, [Sgt. Shane] Talbot said.

Police found cocaine in one of her pants pockets during a pre-booking search, Talbot said.

Summer associates can get pretty wild, especially after they’ve had a few drinks. But Lolita ain’t got nothing on LiLo.
Law-and-economics types will appreciate this analysis, from Perez Hilton:

This could ruin Lindsay’s career! NO ONE is going to want to work with her now. And IF they do hire her, Lohan will most likely be forced to pay for her own insurance on films, which will be VERY COSTLY.

See, the market IS efficient! Even the market in alcoholic, coke-addicted young strumpets.
Lohan in Car Chase [TMZ.com]
It Was Cocaine!!!!!! [PerezHilton.com]
Lohan Booked on Suspicion of DUI [Associated Press]
Lindsay Lohan Arrested for DUI, Again [ABC7.com via Drudge Report]

Trial Transcripts Don’t Lie: Crack Really Is Wack

By David Lat

Whitney Houston small crack is wack cocaine Abovethelaw Above the Law blog.JPGThe following comes from a trial in the Southern District of Alabama, Chief Judge Ginny Granade presiding. It’s from an assistant U.S. attorney’s examination of an accomplice in a bank robbery:

Q: Well, let me just as an aside right now, what kind of a high, what kind of feeling do you get from smoking, and you were smoking crack?

A: Yes, ma’am.

Q: What kind of a high do you get from that?

A: You get a real intense high and you’re not really able to really able to make good — good judgment calls about what you’re doing.

News flash: Crack use may impair your judgment. That’s why all the Biglaw attorneys stick to powder cocaine. Clients pay them big bucks for their sound judgment!
The excerpt from the trial transcript continues, after the jump.

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