Crime

Kick a ginger day.JPGJust before Thanksgiving, I lightly mentioned Kick-A-Ginger day. In case you missed it, some kids at a California middle school used Facebook to organize a day of beating on redheaded children like they were redheaded step-children.
Parents of children at a Calabasas middle school were understandably horrified when they learned that 12-year-olds and 13-year-olds were running around hitting gingers.
Apparently, the attackers have been identified. The L.A. Times reports:

In Calabasas, an affluent community northwest of Los Angeles, school officials have identified nine children believed to be responsible for the assaults but their investigation is continuing. Eleven victims have come forward.

But will their punishment be tough enough? The school has already taken one (weak) response, but some parents want more.
Details after the jump.

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Tiger Woods Rachel Uchitel Elin Nordegren.jpgUPDATE (3:07): The Florida Highway Patrol (FHP) just held a press conference. FHP announced that Tiger Woods was found “at fault” in his traffic accident, guilty of careless driving. The fine is $164 and four points on his driving record. This ends the Florida Highway Patrol’s investigation.
FHP determined “that there was insufficient evidence to issue a subpoena for any further evidence. There are no claims of domestic violence by any individual.”
Hmm… No evidence, you say? It looks like not talking was in fact the smart thing to do.
* * * * * * * * *
Lawyers, members of the bar, law students, and others with a smattering of legal training: we all have a duty to stand up and defend Tiger Woods’s decision to keep his mouth shut. The mainstream media has this story completely wrong, and it is up to us — those blessed with a basic understanding of criminal jurisprudence — to educate the public about why Tiger is staying silent. We must explain to our mothers and fathers and doormen and bodega owners that Tiger probably has to keep his mouth shut, in order to keep his wife out of jail.
I’ve explained elsewhere that we are looking at a potential domestic violence situation. If some of the reports are true, Elin Nordegren attacked her husband, allegedly threatening him with a golf club.
Now this is the part that laypeople seem to be having difficulty grasping. Just because Tiger is a man doesn’t mean he gets to decide whether or not his wife gets prosecuted for domestic violence. Criminal law doesn’t work that way. If the police find that Elin Nordegren assaulted Tiger, then this process gets taken out of Tiger’s hands. Right now, shutting up is the only thing Tiger can do if he wants to retain a modicum of control over the situation.
Especially in Florida.
More details, after the jump.

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Roman Polanski Adrien Brody.jpgWomen of Switzerland, lock up your daughters. Roman Polanski has been granted bail, after a court approved his bail offer of $4.5 million. (For now, he’s still in jail; his release date has not been set.)
Once released, Polanski will be under house arrest. So, good parents of Switzerland, maybe there’s no need to lock up your daughters. Just don’t let them anywhere near Polanski’s ski chalet in Gstaad.
Getting released on bail is a nice result for Polanski, since it was widely expected that he’d remain stuck in the pokey. Perhaps he was represented by the Zurich office of Lindeman, Alvarado, & Frye? (Gavel bang: commenter #16.)
We suspect that ATL readers are displeased by this development. In a reader poll from September, almost three quarters of you expressed support for continuing to pursue and prosecute Polanski.
How does writer-turned-kinda-lawyer Elizabeth Wurtzel feel about all of this?

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lindeman frye logo.gifWhile writing a post for True/Slant about child porn enthusiasts who used a private social network to trade their kiddie pics, we stumbled across the website of Lindeman, Alvarado, & Frye. The Texas criminal defense firm has a kiddie porn practice group.
We think the photo accompanying the description of the group is a little off….
UPDATE: Other practice groups include disturbing images, as pointed out by commenters.

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shady yassin.jpgWhen talking about instances of normal people exhibiting superhuman strength and bravery, the most common example is the mother who lifts a car when her child is trapped beneath it, thanks to an adrenaline rush. It seems that law school students are similarly inspired by threats to their laptops.
Thomas M. Cooley 3L Shady Yassin was studying at a coffee shop in Grand Rapids, Michigan last week. A would-be robber walked in with a hunting rifle, according to the Grand Rapid Press, and demanded that all the patrons give him their laptops and valuables.
That’s when Yassin morphed into a coffeehouse superhero. Like a former Law Student of the Day, Arizona State’s Alex Botsios, Yassin decided to fight off the laptop-stealing villain.

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Ed. note: Have a question for next week? Send it in to [email protected].

pls hndle copy 2.jpgATL,
“I’m a law student with a record. Larceny by trick, we’ll call it. It happened a while ago. I have reasonable assurances from bar members in my state and my law school that if I disclose and explain (and obviously, don’t mess up again) that I will pass the character & fitness exam.
But does it matter? When I got to law school, I thought I’d be able to get a job. Almost three years later, there are no jobs. Is there any point for a guy in my position to even apply to Biglaw firms? My grades are good enough to get Biglaw, but will they just ignore me because of my past?”
Been Caught Stealing

Dear Been Caught Stealing,
I always wondered what became of the cool rich kids from my high school who smashed in people’s mailboxes and raced away in their Jettas to funnel beer in their parents’ basements. If Facebook is to be believed, they’ve traded in terrorizing friendless ninth grade transfer students with clear braces and an unfortunate Sun-In situation for wildly successful careers and loving relationships. And evidently, some of them become lawyers.
I’ve said it once, and I’ll say it again: the market for lawyers is a piece of garbage. But as long as you pass character and fitness, you’re in the same position as hordes of other unemployed recent grads. People usually don’t list “criminal” under their resume work experience; they wait until they’re filling out forms at the interview or they’re accepting the job to reveal their checkered past. It’s called “bait and switch,” which you’re probably familiar with. Because you’re a criminal. And that’s how you roll.
I think the world of Biglaw is closed to you for the moment. There is no reason that a swank firm would take someone with a record when they can easily get 300 other people without one to fill the spot. You’ll have better luck in smaller firms where the people are kinder and went to worse schools. Or try PI, where you’ll work amongst your brethren.
I hope this helps.
Your friend,
Marin

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Mr Pink no tip.JPGSomewhere Mr. Pink is smiling. The Express-Times reports:

Moravian College senior Leslie Pope and John Wagner, a Lehigh University graduate student, were handcuffed and transported from the Lehigh Pub to Bethlehem police headquarters Oct. 23 after failing to pay a mandatory 18 percent gratuity.
Pope and Wagner, members of a party of eight during happy hour, refused to pay a $16.35 service charge on top of their $73.87 tab because of what they say was shoddy service as well as a surcharge that was nearly 5 percent higher than the 18 percent listed on the menu.
“Gratuity is thanking you for your service,” Pope, 22, said. “You can’t give us terrible, terrible service and expect a tip.”

These kids don’t have any idea about what they’re talking about. These people bust their ass. This is a hard job.
According to Pope and Wagner the service was really bad. After the jump, a tipster throws out some counterclaim ideas.

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Michael Kimelman Mike Kimelman Michael Kimmelman Arthur J Cutillo Arthur Cutillo Ropes Gray headshot.JPGToday the winners of Lawyer of the Day honors are obvious. Congratulations to Arthur Cutillo, Michael Kimelman, and Jason Goldbfarb, three attorneys who stand accused of involvement in the infamous Galleon Group insider trading scheme.

Both Cutillo and Kimelman have distinguished pedigrees, with ties to two top firms. Cutillo (left), a holder of an M.S. in chemical engineering as well as a J.D. (both from Villanova), was an associate at the white-shoe firm of Ropes & Gray. Kimelman (right), a partner at Incremental Capital LLC, once worked as an associate at super-prestigious Sullivan & Cromwell.

Check out Cutillo’s firm bio and Kimelman’s LinkedIn profile over here.

The third charged lawyer, Jason Goldfarb, apparently worked as a personal injury lawyer in Brooklyn. He allegedly served as a conduit of information between Cutillo and Zvi Goffer — the former Galleon employee apparently referred to as “Octopussy” at the SEC, because “he had his arms in so many insider” trading schemes.

More on our three honorees, after the jump.

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Arthur J Cutillo Arthur Cutillo Ropes Gray headshot.JPGThe news was first reported by CNBC. See Dealbreaker for more details.
We have phone calls and emails in to Ropes & Gray and are waiting to hear back. We will keep you posted on further developments.

If you have more info, please email us. Thanks.

UPDATE (10:00 AM): According to Bloomberg, the FBI has arrested Arthur Cutillo (pictured). He is no longer on the Ropes & Gray website, but you can find his bio via Google Cache. Interestingly enough, he was an IP litigator, not a corporate attorney.

CNBC is now reporting that a Ropes & Gray employee allegedly provided inside information about various “going private” transactions the firm was involved in. Some of these transactions apparently involved companies heavily dependent upon intellectual property, such as technology companies.

UPDATE (10:10 AM): In case the Google Cache entry is removed, we have posted Arthur Cutillo’s bio after the jump. He graduated from Rutgers (undergrad) and Villanova (law), and he worked at Merck before joining Ropes.

UPDATE (10:15 AM): Here is a statement from Ropes & Gray:

We are deeply disappointed to learn about this situation, which suggests an extreme breach of this person’s duty of trust to our clients and to the firm. We cannot comment in detail on an ongoing investigation but we are moving quickly to protect our clients and are cooperating fully with authorities.

UPDATE (12:15 PM): U.S. Attorney Preet Bharara (S.D.N.Y.) is giving a press conference discussing the charges. One of the other individuals charged, Michael Kimelman, once worked as an associate at Sullivan & Cromwell.

UPDATE (4:30 PM): We’ve honored Artie Cutillo, Michael Kimelman, and a third lawyer, Jason Goldfarb, as our Lawyers of the Day.
Art Cutillo’s Ropes bio and Mike Kimelman’s LinkedIn profile, after the jump.

Seven Arrested In Insider Trading Case [Dealbreaker]

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scott rothstein.jpgAs we’ve noted in Morning Docket for the past two days, lawyer Scott Rothstein is in all kinds of trouble in Florida. From what we understand, it’s Marc Dreier redux, the sunshine state version.

We’re still trying to wrap our heads around the story, but as the Bard would say, the sh** hath hitteth the fan this week.
The WSJ Law Blog is similarly perplexed by the scandal (See What’s Going on at Rothstein Rosenfeldt? Part I and Part II).

Scott Rothstein, a founding partner of Rothstein Rosenfeldt Adler, has been out of the country for the last few days, making this all even more confusing. He just flew back into Miami an hour ago and police have surrounded his firm. We give you context after the jump.

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