Crime

(c) Image by Juri H. Chinchilla.

Yesterday, Krispy Kreme celebrated its 77th birthday. The popular doughnut chain opened its doors on July 13, 1937, in Winston-Salem, North Carolina. And what goes better with doughnuts than coffee? Cops. This week, On Remand looks back at Krispy Kreme’s history and a half-dozen cases involving doughnuts and cops, including the strange tale of a man who held a Krispy Kreme truck for ransom.

The Krispy Kreme we know today began in the 1930s when New Orleanian Joe LeBeau moved to Kentucky and sold his secret recipe and the name “Krispy Kreme” to a local, who hired his nephew, Vernon Rudolph, to sell the doughnuts door-to-door.  By 1937, Rudolph and a friend had moved to Winston-Salem and opened the first Krispy Kreme doughnut factory. Although the pair set out to sell doughnuts to grocery stores, a new marketing ploy quickly revealed itself:  human weakness.  People passing the factory could not resist the delicious doughnut smell, and wanted to buy them hot off the press.  Vernon obliged, cutting a hole in the outside wall to sell fresh glazed doughnuts directly to people on the street.

Today, Krispy Kreme operates nearly 900 stores in 24 countries. But, like its founders intended, Krispy Kreme continues to sell doughnuts to grocery and convenience stores. Over the years, deliveries to these stores have made Krispy Kreme trucks an easy target for thieves.  One Michigan man may take the cake doughnut for the most comically unsuccessful Krispy Kreme truck theft.

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Teresa Giudice is sorry she’s not sorry.

* Dewey think Joel Sanders and Steve DiCarmine, former head honchos of the failed firm D&L, have a friend in the District Attorney’s office? Even their opponents in their criminal case want their civil case stayed. [WSJ Law Blog]

* “They’re literally dancing in the streets in Cleveland.” Frederick Nance, Cleveland-based regional managing partner of Squire Patton Boggs and lawyer to King LeBron, couldn’t be more thrilled that his client is returning to the Cleveland Cavaliers. Hooray for hometown billables. [Am Law Daily]

* Tracy Morgan filed a lawsuit against Walmart over the fatal car wreck that killed his friend and left him with numerous broken bones. We suppose his injuries will prevent him from getting girls pregnant. [CNN]

* The NYLS grad who founded an imperiled cupcakery dropped enough Crumbs to lead investors to her rescue. Now the bakeshop has enough cash to make it through bankruptcy. [DealBook / New York Times]

* Fabulicious? Teresa Giudice, the Real Housewife of New Jersey who pleaded guilty to fraud charges last year, is awaiting sentencing of up to 27 months, but isn’t sure she regrets what she did. [New York Post]

I don’t want to minimize my guilt, as a lot of people here do. But [I] didn’t need a sentence that matches what people get for killing people or for raping people.

Matthew Kluger, formerly of Wilson Sonsini, commenting on the harshness of his 12-year sentence for insider trading, the longest sentence “ever meted out” in such a case. Kluger currently resides at “Club Fed.”

Phaedra Parks

Back in 2010, we told our readers about Phaedra Parks, one of the new stars of the Real Housewives of Atlanta. The buzz about Parks was huge, in part due to the fact that she had a successful professional career as an attorney before the show aired. Parks, a “Super Lawyer” in the field of entertainment law, previously described herself as “fabulous, fierce, and beautiful” — but these days, the UGA Law grad may not be feeling so hot.

It seems that her husband, Apollo Nida, is once again in some serious trouble with the law. What happened this time, and how is this going to impact the reality TV show’s upcoming season?

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Conspiracy is probably the most charged offense in the federal courts. At core, its elements are simple (generally). A and B have completed the crime of conspiracy if they (1) have an agreement to do something illegal and (2) some co-conspirator committed an overt act in furtherance of the conspiracy. The overt act does not have to be illegal.

So, if Larry says to Doug, “Let’s lie through email to potential investors about how viable our real estate plan is,” then Doug says “That’s a great idea, let’s do it!” and the two put together a letter they would email to potential investors that contains a number of lies about how viable an investment is, they’ve probably conspired to commit wire fraud.

The tricky bit is that the agreement that’s at the core of a conspiracy charge — like many kinds of contracts — can be implied. It’s rare that folks in a conspiracy negotiate the terms of the conspiracy or memorialize it.

So, if Larry and Doug just sit down and work — together — on a letter that lies to investors, one may (depending on the other facts in the case) think that the two have an implied agreement to commit fraud and that they’re guilty of participating in a fraud conspiracy.

The tricky part is when one person says, in essence, it would be really freaking cool to do X (where X is illegal) but doesn’t really mean that she wants to do X.

For example, some people may think that it would be funny to blow a raspberry on Justice Scalia’s belly. But just because Doug tells Larry that it would be cool to blow a raspberry on Justice Scalia’s belly, and Larry then looks up Justice Scalia’s next public appearance, does not necessarily mean that either one of them actually intends to storm Justice Scalia’s security detail just to blow on the Justice’s stomach.

And, of course, a jury is most likely to find that Doug and Larry are guilty the more they’re doing something that the jurors themselves think of as not funny and, in fact, really quite repugnant.

Like kidnapping, killing, and eating women, or trying to foment a jihad….

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This is a clear sign of the impending apocalypse. It’s totally insane and it speaks poorly of where we are. We are so enamored with appearance and attractiveness that we are willing to totally disregard that we’re talking [about] somebody who is a criminal, someone who has a long rap sheet and a history of convictions. His current allegations involve weapons possession by somebody who society has deemed should not possess guns. If the allegations against him are true, he appears to be a very, very bad boy.

– Criminal defense attorney Darren Kavinoky, host of Investigation Discovery’s “Deadly Sins,” commenting on the Hollywood modeling agent that Jeremy Meeks signed with after his mugshot went viral.

I was trying to achieve a work-life balance after I had missed my children’s lives.

Lee Smolen, the ex-Sidley Austin partner who was hit with ethics charges after he faked almost $70,000 in reimbursable car fare expenses, during his testimony last week before the Illinois Attorney Registration and Disciplinary Commission. The IARDC seeks a temporary suspension of Smolen’s license to practice law as punishment for his pilfering.

I’m writing today’s column from New York City, where I’m covering Thomson Reuters Vantage 2014, a great conference focused on mid-sized and large law firms’ use of technology. There have been fascinating discussions about how larger law firms are adapting to change and are incorporating some of the latest technologies into their IT infrastructure. Not surprisingly, however, it turns out that like solo and small-firm attorneys, large and mid-sized law firms are often just as reluctant to adopt new technologies and processes despite overwhelming evidence that doing so is the best way to stay competitive.

But the good news gleaned from this conference is that some larger firms are adapting, just as many solo and small firms are. And that’s my goal with this column: to showcase how individual solo and small-firm lawyers are using new technologies in their day-to-day practices. In the process, my columns will hopefully encourage and help other lawyers to do the same.

In today’s column I’ll be featuring Jill Paperno. Jill is a long-time assistant public defender, having worked at the Monroe County Public Defender’s Office in Rochester, New York for over 27 years. She’s currently the Second Assistant Public Defender and is the author of Representing the Accused: A Practical Guide to Criminal Defense (affiliate link). In other words, Jill is a diehard criminal defense attorney and has dedicated her life to defending our constitutional rights.

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* In case you missed this piece of news amid yesterday’s Supreme Court madness, the Tenth Circuit found Utah’s ban on gay marriage unconstitutional. It’s the first federal appeals court to make such a ruling. Hooray! [New York Times]

* “Just about everyone he came in contact with, he managed to corrupt.” Paul Daugerdas, formerly of Jenkins & Gilchrist, was sentenced to 15 years for his role in an $8B fraud scheme. [Businessweek]

* Despite what you may have been led to believe, not all patent awards are as high as those you see in media headlines. Fewer than 2% of infringement cases even result in damages. [National Law Journal]

* When is it okay to turn down a Biglaw offer and head to a plaintiffs firm? Probably when you’re planning to file a massive class-action suit against the MLB on behalf of minor leaguers. [St. Louis Post-Dispatch]

* William Mitchell Law’s new J.D. program is the first of its kind to be approved by the ABA. It’s half online, half on-site (does 9 times count as half?), and we see more like this coming down the line. [U.S. News]

* The legal price of adultery has apparently gone down. That’s good news if you’re trying to keep your motorcycle. [Verdict]

* The title is “Apply to Law School Now!” No. Seriously, don’t. [Slate]

* Professor David Bernstein says of Gawker: “So you can see how the headline is false on multiple levels but it certainly provides clickbait for Gawker.” The initial story Bernstein wrote kicking this off was: “YOU are a rapist; yes, YOU!” But, yeah all caps and exclamation points is in NO WAY click-baiting (oh, and it was also hyperbole on many levels). [The Volokh Conspiracy / Washington Post]

* Barry Scheck was brought on as an expert to review the conviction that formed the subject of Capturing the Friedmans (affiliate link). Let’s just say he’s brought a different angle to it than the D.A.’s internal review. [WiseLaw NY]

* Federal judge nixes the infamous “no-fly list” for denying due process. Looks like a certain judge is going to have a hard time leaving PDX next time. [The Oregonian]

* If you’ve long feared injury from flying foodstuffs at baseball games, worry no more. [ABA Journal]

* Gifts for the Homeless is hosting a Battle of the Law Firm Bands in Washington, D.C. tomorrow. Be there or be square. [Crowdrise]

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