Crime

I am on record as an optimist when it comes to the internet. The free flow of information on the web, including but not limited to websites like Above the Law, helps people make better decisions about their lives and careers (and also entertains, a value that shouldn’t be ignored).

At the same time, as we’ve discussed before, the web has its dark side….

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Claire Ogilvie, in happier times

Sometimes the people we write about have reached a point in their lives when their cords to reality have snapped. It wasn’t always like this. They once had the capacity to attend and graduate from Ivy League schools and hold down employment at some of the most elite law firms on the planet. Their résumés were gleaming, as were their personalities. Now, they’re the subjects of criminal investigations.

Take, for example, the case of Claire Kennedy Ogilvie. She attended Yale University and George Washington Law, and then snagged a position as a patent attorney at Foley & Lardner. Once she decided she’d had enough of her litigious lifestyle, she quit and became a teacher.

And then, something happened. Ogilvie is currently being held without bond at the Albemarle Charlottesville Regional Jail on charges of burglary, abduction, and malicious wounding, all felonies, after allegedly breaking into a married man’s house and attacking his wife. Did we mention that this man is a major political player in Virginia?

Former Biglaw attorneys do the darndest things….

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* Two Biglaw firms and their even bigger revenue meltdowns: Patton Boggs and Bingham McCutcheon have posted the most dramatic revenue declines revealed thus far by Am Law. [Wall Street Journal (sub. req.)]

* Dewey know why this malpractice case is being brought against an ex-LeBoeuf Lamb partner? You know your case is screwed if one of the questions the judge asks you is “[W]hy are you here?” [Am Law Daily]

* Those who remain at Heenan Blaikie, the imploding Canadian Biglaw firm, are pretty “pissed off” they haven’t received word on their severance packages. So much for that “orderly wind down,” eh. [Law Times]

* Career alternatives for former Biglaw attorneys now allegedly include breaking and entering and assaulting state delegate’s wives. We’ll probably have more information on this juicy story later today. [NBC29 WVIR]

* If you’re in the process of applying to law school and you’re taking all of your advice from online forums, then you’ll probably get in everywhere you apply. [Law Admissions Lowdown / U.S. News & World Report]

* The Ed O’Bannon suit against the NCAA will proceed to trial in June barring settlement. Football writer/genius Spencer Hall put it best when he described the hearing as “a judge looks at amateurism and says ‘this is bulls**t’ in legalese.” [Sports Illustrated]

* McCutcheon will usher in even more campaign finance excess, but could alleviate gridlock. Plutocracies are efficient! [Election Law Blog]

* Hold the phone! Coerced confessions aren’t admissible? Next thing you’ll tell us is waterboarding is illegal. Thanks Obama. [New York Law Journal]

* Juror who couldn’t stop using Facebook didn’t cause a mistrial because he didn’t post any details about the case. In other news, he really needs a goat in FarmVille you guys, so if anyone can hook him up, that’d be great. (Alternative heading for this one: “11 Angry Men, 1 ‘Likes This’”) [IT-Lex]

* Disbarred lawyer mistakenly allowed to serve as a judge. But only for about 16 years, so it’s all cool. [Washington City Paper]

* “The first thing we do, let’s kill all the [Baby Boomer] lawyers.” [Law and More]

* A California lawsuit argues that pro-teacher policies in the state are hurting education. The defendants point to the fact that California’s educational administration and funding in the state is best described as a “sh*tshow.” Experts are fighting it out with some novel metrics. [The Expert Institute]

* * Elie talks about the new ad for cameras in the Supreme Court and the EPA’s power to regulate greenhouse gases on Legalese It! with Mike Sacks. Video embedded below… [Huffington Post Live]

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* Congrats to Weil Gotshal and Fenwick & West for getting in on Facebook’s $19 billion acquisition of WhatsApp, the biggest Internet deal in a decade. [The Recorder]

* In South Carolina, you can get arrested for crimes that aren’t even things any more. Like “failure to return a VHS tape.” [Lowering the Bar]

* Drunk lawyer at heart of alleged insider trading scheme. [Dealbreaker]

* Did LBJ colossally screw up the Supreme Court? [Concurring Opinions]

* Were you curious about who would be on the Mount Rushmore of Tax Law professors? No? Well, here they are anyway. [TaxProf Blog]

* The so-called “trial penalty” is really a myth and empirical data confirms that defendants who reject plea deals and go to trial actually garner a “trial discount.” Yep, prosecutors aren’t overreaching at all. [PrawfsBlawg]

* President Obama called for patent law reform in the State of the Union address. Now we have some insight into what he’s thinking about. [Patently-O]

* Congratulations to Matthew Skinner, the next executive director of the LGBT Bar Association of Greater New York! [LeGal]

As this season of Archer reminds us, it’s hard to get started in the drug trade. Which is why it would help a ton if a prospective drug dealer had some sort of experience with the trade. And it would also help if one had a job that could shield them from suspicion.

Like maybe being a lawyer for the police department?

Well, it didn’t help this guy…

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I’ve represented a decent number of people who have been accused of fraud.

Some folks who are accused of fraud are really truly unambiguously guilty. They were presented with an open cookie jar, they thought no one was looking, and they took a cookie (metaphorically). They were presented with a morality test and they just didn’t pass.

Like Glenn Frey teaches us in Smuggler’s Blues, “It’s the lure of easy money; it’s got a very strong appeal.”

Other cases have a lot more nuance.

Most federal prosecutors, I find, tend to see cases as not terribly nuanced. They tend to think that each case is a morality test. Once you get the facts figured out, for the typical AUSA, the moral judgments follow pretty quickly.

My sense, though, is that the world is almost always less clear and clean, even when you have all the facts.

With that background, I read with interest James Surowiecki’s piece — “Do the Hustle” — in the New Yorker a few weeks ago about America and its con men.  (And, yeah, I know, it was a few weeks ago. You finish the New Yorker right when it comes out? I didn’t think so.).

What does the con man tell us about America?

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Who says she’s not a career woman? This is ‘Biglaw partner leaving Ken for her paralegal’ Barbie.

* With the impossible body ideal of Barbie gracing the Sports Illustrated Swimsuit Cover, perhaps we should consider the positives that Barbie has contributed to women over the years. Missing is the rare, vacuous “math class is tough” Barbie. [The Careerist]

* A five-year-old writes the cutest response to the IRS. [TaxProf Blog]

* Professor busted for taking upskirt pics. His defense? How else was he going to prove the girls weren’t wearing underwear? Touché. Touché. [The Smoking Gun]

* The reasons to quit your Biglaw job. Now in listicle form! [Buzzfeed]

* The Supreme Court has a chance to take a stand against prosecutorial misconduct. Will they take it? [The Atlantic]

* If you’re violating your probation, be sure to videotape it and post it on YouTube. There’s no way your probation officer will see it. [IT-Lex]

* More insight into the world of contracting and America’s emerging economic model. [Law and More]

* On April 11-12, 2014, the Marquette University Law School will hold a symposium entitled “Judicial Assistants or Junior Judges: the Hiring, Utilization and Influence of Law Clerks.” Our own David Lat will be there, along with such luminaries as Judge Posner, Judge Sykes, Joan Biskupic, and Tony Mauro. [Marquette University Law School]

Teresa and Joe Giudice

Ed. note: Please welcome Jenny M. Brandt, who will be covering celebrities and the law. You can read her full bio at the end of this post.

Real Housewives of New Jersey table-turner Teresa Giudice was indicted with her husband for a slew of charges including mail fraud, wire fraud, bankruptcy fraud, and making false statements on a mortgage application.  Giudice has filed for a separate trial from her husband, Joe. The motion, available via PACER, reveals interesting details about the alleged fraud…

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Have you seen this over the last few days?

* Were you using Westlaw last week and saw this image? Here’s why… [Westlaw]

* A federal judge is charged with DUI. And there’s video of the arrest! [American Press]

* A heartwrenching poem from a law professor about discrimination. Wait, it’s not about race or gender discrimination but about not getting tenure as a legal writing professor. Yeah, that makes sense. [TaxProf Blog]

* Criminal defense lawyers are part-counselor, listening to the woes of their clients. Should basic instruction in therapy be part of professional training? [Katz Justice]

* The collapse of legal industry could be happening again, this time to the medical profession. [The Atlantic]

* Jeez, I had no idea that the paralegal industry is enjoying such a surge in hiring. I guess it makes sense… you get all the drudgery work of a young lawyer at half the cost. [George Washington University]

* A new DOJ report confirms what we all expected: Montana law enforcement officials are kind of terrible at prosecuting sexual assault cases. [Jezebel]

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