Michael Vick

Morning Docket: 11.27.07

By Billy Merck

* Apparently the President of the United States is somehow involved in the judicial nomination process. [The Weekly Standard via How Appealing]
* Too much litigation? Blame all those conservative trial lawyers. [WSJ Law Blog]
* Vick’s state trial date will be set today. [Atlanta Journal-Constitution]
* Nevada tries to smoke out some justice. [Reno Gazette-Journal]
* How tough can you be on protestors at a free speech debate? [BBC]

Morning Docket: 10.18.07

By Billy Merck

Michael Vick middle finger Abovethelaw Above the Law blog.jpg* So how did Michael Mukasey do yesterday? Here’s a collection of some coverage. [How Appealing (linkwrap)]
* He totally should have mailed it to himself before faxing it to the Ravens. Also, not a joke, just a fact: the caption is over half of this 37-page opinion. [U.S. Court of Appeals for the Fourth Circuit (PDF) via How Appealing]
* How many businesses was Vick opening? Yet another bank sues him over a business loan. [Fulton County Daily Report]
* Speaking of Vick getting sued, he got sued by a South Carolina inmate again, and it’s not Jonathan Lee Riches. [Atlanta Journal-Constitution]
* Can’t we all just agree that a little less process is due in this case? [CNN]
* SCOTUS stays Virginia execution. [CNN]

Morning Docket: 10.16.07

By Billy Merck

oj simpson mug shot Above the Law no pun intended.jpg* O.J. freshly squeezed by a second co-defendant. [AP via Athens Banner-Herald]
* Law professors get appointed to do everything. [Atlanta Journal-Constitution]
* Nevada holds off on an execution, waiting on SCOTUS. [Reno Gazette-Journal]
* Weiss pleads not guilty. [Jurist]
* iPoison. [PC World]

Lawsuit of the Day: Atlanta Falcons v. Michael Vick

By Billy Merck

falcons.jpg
Ok, so strictly speaking it’s not a lawsuit. It’s an arbitration hearing before a special master pursuant to the NFL Collective Bargaining Agreement.
The Falcons are seeking to recoup $22 million already paid to Vick in signing bonuses. The Falcons claim that, since Vick knew at the time that he signed the contract and received the bonuses that he was running a dogfighting operation and should have known that that could cause him to not be able to play, he has forfeited the bonuses. The NFL Players Association says once bonuses are paid, there’s no forfeiture, period.
They seem to be almost right. Under the new CBA approved last year, forfeiture of signing bonuses are allowed for only one reason (quoted here from Section 9 (a) of Article XIV of the CBA):

Section 9. Limitations on Salary Forfeitures:
(a) No forfeitures of signing bonuses shall be permitted, except that players and Clubs may agree: (i)
to proportionate forfeitures of a signing bonus if a player voluntarily retires or willfully withholds his
services from one or more regular season games; and/or (ii) that if a player willfully takes action that has
the effect of substantially undermining his ability to fully participate and contribute in either preseason
training camp or the regular season (including by willfully withholding his services in either preseason
training camp or during the regular season or willfully missing one or more games), the player may forfeit
the greater of: (a) 25% of the prorated portion of his signing bonus for the applicable League Year for the
first time such conduct occurs after the beginning of training camp until the end of the season for his Club,
and the remaining 75% prorated portion of his signing bonus for the applicable year for the second time
such conduct occurs during that period that year; or (b) the proportionate amount of his signing bonus
allocation for each week missed (1/17th for each regular season week or game missed).

What do you sports lawyers out there think? Do Vick’s actions constitute willful action that “has the effect of substantially undermining his ability to fully participate and contribute in either preseason training camp or the regular season”? He willfully ran the dogfighting operation, and as a result he has been suspended. Seems to me that the Falcons have a pretty good case.
Special Master Stephen B. Burbank (definitely a top-tier guy; Harvard (twice) and current Penn Law faculty) heard the case yesterday.
Stephen B. Burbank bio [Penn Law]
NFL CBA [NFLPA]
Falcons Seek $22M From Suspended Vick [KNBC]

Morning Docket: 10.04.07

By Billy Merck

waterboarding 2 water boarding torture interrogation Above the Law blog.jpg* Does a federal district court have to recruit pro bono counsel for a pro se litigant? [Seventh Circuit Court of Appeals via How Appealing]
* DOJ cool with torture tough interrogation techniques. [New York Times]
* Bush doesn’t care about poor kids. [AP via Athens Banner-Herald]
* The ACLU doesn’t want to let Bush protect us. [Jurist]
* Falcons want their money back; so do Falcons fans (last week’s fine win notwithstanding). [Atlanta Journal-Constitution]

Non-Sequiturs: 09.25.07

By David Lat

Vanessa Hudgens Vanessa Anne Hudgens Filipino Filipina Above the Law blog.jpg* We know you guys never tire of talking about the tough job market for graduates of non-top-tier law schools. Here is Sam Kamin’s take on Amir Efrati’s WSJ piece. [PrawfsBlawg]
* Can’t get a Biglaw gig, perhaps because you’re a Tier 2 (or Tier 3 or Tier 4) grad? Why not hang out your own shingle? [Build A Solo Practice, LLC]
* Still on this week’s non-top-tier law school theme, Dave Hoffman wonders: “[I]s there a point to law school beyond sorting students?” [Concurring Opinions]
* Vault is beloved not just by prestige-obsessed law students, but by investors, too. A private equity firm just bought a stake in Vault that values it at $60-$85 million. [alarm: clock]
* We have no difficulty believing this SCOTUS clerk gossip. [BeldarBlogs]
* Maybe Vanessa Hudgens should pay her lawyer in kind. Autographed nudie pics would surely fetch a pretty penny on eBay. [E! Online]
* Wondering whether there’s a double jeopardy issue with respect to the state charges against Michael Vick? [WSJ Law Blog]
* Want to pick up some advice on the voir dire process — and catch up on the last week of legal blogging at the same time? Check out Blawg Review #127, by trial lawyer and jury consultant Anne Reed. [Deliberations via Blawg Review]

Liveblogging the Michael Vick Statement

By David Lat

Michael Vick 2 speak from heart middle finger Abovethelaw Above the Law blog.jpgMichael Vick, dressed in a sober charcoal suit and gold tie, just made a short public statement about his case. He took no questions. Here are some excerpts.
“For most of my life, I’ve been a football player, not a public speaker…. I’d like to take this opportunity to speak from the heart.”
He apologized to Commissioner Roger Goodell, Atlanta Falcons owner Arthur Blank, and Vick’s teammates, for “not being honest” in “previous discussions we had.”
“I was ashamed. I’ve disappointed in myself, to say the least.”
“I’d like to apologize to all the young kids out there for my immature acts. What I did was very immature, so I need to grow up.”
[Dogfighting is inhumane, brutal, despicable -- but immature? It's not the first word that comes to our mind. And given the content of ATL, we consider ourselves experts in immaturity.]
“I take full responsibility for my actions.”
“Dogfighting is a terrible thing and I do reject it.”
“Through this situation I’ve found Jesus, and I dedicate my life to God.”
[Of course -- so predictable. Why can't we have disgraced public figures pledge themselves to the principles of Wicca?]
“I’ve got a lot to think about in the next year or so…. I’ve got a lot of down time to think about how to make Michael Vick a better person.”
[That's for sure -- and as just noted, Judge Hudson isn't bound by the parties' recommendations or the 12 to 18 month sentencing guidelines range. He's bound only by the five-year statutory maximum.]

A Quick Update on Vick

By David Lat

Michael Vick middle finger Abovethelaw Above the Law blog.jpgThe plea hearing for the embattled star quarterback took place this morning. One of Michael Vick’s lawyers, Billy Martin, spoke to reporters on the courthouse steps. He stated that “this matter is concluded until December 10th, when Judge Hudson will sentence Michael Vick according to the plea agreement.” He also announced that Vick will make a statement of his own at 11:30 AM today.
At the hearing, Judge Henry Hudson told Michael Vick something along these lines: “You know you’re taking your chances here. I’m not bound by the recommendations [of the parties].”
A correct statement of the law, especially after Booker? Yes. A smart thing for a judge to do at a plea hearing, to prevent the defendant from later claiming he was blindsided? Sure.
But, reading the tea leaves a bit, we’d hazard a guess that Judge Hudson might give Vick significantly more than the 12 or so months that the parties will recommend (per the plea agreement). Stay tuned.
(We’d guess that the parties will recommend a year and a day, which will make Vick eligible for certain “good time” credits applicable only to sentences over a year.)

Michael Vick: His Bark Is Worse Than His Betting

By David Lat

The plea agreement (PDF) for star quarterback Michael Vick has been filed in federal court. In the statement of facts (PDF) accompanying the agreement, Vick admits involvement in the dogfighting conspiracy (including funding it), but declines to admit a number of other allegations. According to ESPN, Vick claims that he “did not place side bets and did not receive proceeds from purses from the fights.”
Here’s what the agreement provides with respect to sentencing:
Michael Vick plea agreement Above the Law blog.jpg
Assuming zero criminal history, an adjusted offense level of 13 gives you an imprisonment range of 12 to 18 months. Of course, and as noted in the agreement, the sentencing judge is not bound by the guidelines (thanks to Booker).
What’s next in procedural terms, from CNN:

Vick, 27, is scheduled to appear in federal court in Richmond, Virginia, on Monday, where he is expected to plead guilty before a judge. The judge in the case will have the final say over the plea agreement.

Presiding over Vick’s case is Judge Henry Hudson, a Bush II appointee to the bench and a former U.S. Attorney for the Eastern District of Virginia (under Bush I). He has an impressive resume, but we don’t know much about him personally. We welcome your thoughts on Judge Hudson in the comments.
Vick files plea agreement admitting to dogfighting [ESPN.com]
Vick admits dog killing, conspiracy [CNN]

Morning Docket: 08.22.07

By Billy Merck

Pacman smoking drinking drugs Above the Law blog.jpg* Nurse sues Pacman. [Reno-Gazette Journal]
* Defense rests in Spector trial. [CNN]
* Patent infringers in less treble. [WSJ Law Blog]
* Yeah, I’m sure Texas is going to stop killing people because Europe wants them to. [Jurist]
* State charges for Vick too? [AP via Yahoo!]

Breaking (a Dog’s Neck): Michael Vick Pleads Guilty

By David Lat

Michael Vick middle finger Abovethelaw Above the Law blog.jpgWoof woof! This just in, from Fox News (via AFP via Drudge):

The lead attorney for pro football star Michael Vick said Monday that the Atlanta Falcons quarterback will plead guilty to dogfighting and related charges and will “accept full responsibility for his actions and the mistakes he has made.”

Billy Martin, heading up Vick’s legal team, issued the following statement:

“After consulting with his family over the weekend. Michael Vick ask that I announce today that he has reached an agreement with Federal prosecutors regarding the charges pending against him. Mr. Vick has agreed to enter a plea of Guilty to those charges and to accept full responsibility for his actions and the mistakes he has made. Michael wishes to apologizes again to everyone who has been hurt by this matter.”

Especially all the poor pooches, God rest their doggie souls.
But wait — are we sure about this?

The statement apparently took federal officials by surprise.

Jim Rybicki, a spokesman for U.S. States Attorney Chuck Rosenberg, said he had not heard of an agreement in the Vick case, and that he was trying to reach prosecutors.

We’ll keep you posted.
Update: This looks solid; CNN has this report. Apparently a status conference is taking place this afternoon.
Vick Attorney Says Star Quarterback Will Plead Guilty in Dogfighting Case [Fox News]
Vick agrees to plea deal, prison possible [CNN]

Morning Docket: 08.20.07

By Billy Merck

* Who needs lawyers? [WSJ Law Blog]
* Take the deal, Vick. [Atlanta Journal-Constitution]
* Buyer’s remorse on the surveillance law? [New York Times]
* I want a new drug website. [BBC]
* Being the creepiest guy on earth is apparently not a crime. [CNN]

Michael Vick: His Co-Defendants Are Barking Up A Storm

By David Lat

Michael Vick middle finger Abovethelaw Above the Law blog.jpgThings aren’t look so hot for football star Michael Vick right now. See here and here.
Despite the incriminating statements of his co-defendants, Vick still hasn’t reached a plea agreement with the government. Rumor has it that there’s a split among Vick’s lawyers about whether to take a plea deal.
After the jump, we post an analysis from a reader suggesting that, under the applicable Sentencing Guidelines (which are of course advisory post-Booker), Vick shouldn’t necessarily serve prison time.
But we suspect that the feds wouldn’t allow Vick to get off without some prison time (at least a year). And if Vick doesn’t plead guilty to the current indictment, they’ll nail him with a superseding indictment that includes RICO charges (which will vastly ramp up his exposure if convicted).
Check out this reader’s analysis, after the jump.

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Lawsuit of the Day: Jonathan Lee Riches Strikes Again (and Again and Again)

By David Lat

Jonathan Lee Riches Jonathan Riches Jon Lee Riches Jon Riches Above the Law blog.jpgFederal prisoner Jonathan Lee Riches, whose “$63,000,000,000.00 Billion dollar” lawsuit against Michael Vick was discussed in these pages last month, has a new celebrity athlete in his sights. From a tipster:

Got to think you’ve seen this by now: the guy suing Michael Vick for a bazillion dollars or whatever it is now realizes that the real culprit is Barry Bonds. See here.

Question: Where can we file amicus briefs on these?

More description of Riches’s latest Complaint, alleging “Fraud Against Mankind” and “Batman and Identity Robbin,” from the Smoking Gun:

Riches, who is doing a decade in prison for fraud, is at it again, this time filing a loony — though quite funny — complaint again Barry Bonds, baseball commissioner Bud Selig, and Hank Aaron’s bat.

In his lawsuit, Riches weaves an intricate conspiracy theory involving television ratings, steroids, the cracking of the Liberty Bell, Colombian narco-terrorists, and secretly recorded conversations for which journalists Robert Novak and Judith Miller have transcripts.

Sounds like the plot to Syriana or Babel. Might Riches — a/k/a “Secured Party” d/b/a “The White Suge Knight” — have a future as a Hollywood screenwriter?
As it turns out, Jonathan Lee Riches is an old hand at crazy lawsuits — a veritable pro at proceeding pro se. More after the jump.

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Wherein the MSM Reports What We Reported Last Month

By David Lat

Michael Vick middle finger Abovethelaw Above the Law blog.jpgGuess we can’t get no respect from the mainstream media. Not even from Fox News, which carries a story that we brought you last month.
Meanwhile, in other Michael Vick developments, lawyers for the Falcons quarterback are working on getting him a plea deal. From the Atlanta Journal Constitution:

Atlanta lawyer Dan Meachum, a member of Vick’s defense team, declined to comment Tuesday on any possible negotiations.

“I stand by Michael Vick,” Meachum said. “He’s a good kid in a bad situation. I’m a dog owner, a dog lover. I would not be involved in this case if I didn’t believe in him.”

And some of his best friends are black Labradors!
S.C. Inmate Hits Michael Vick With ‘$63 Billion’ Lawsuit [Fox News via Drudge Report]
Vick attorneys negotiating plea [Atlanta Journal-Constitution]
(Much) Earlier: Lawsuit of the Day: Vick’s A Defendant In A Federal Civil Suit, Too

Morning Docket: 08.15.07

By B Clerker

* Vick counsel divided over plea. [CBS 46]
* Crooked NBA ref may also plead. [SportsLine.com; SI.com]
* Rutgers player sues Imus for defamation. [MSNBC]
* While passenger sues Lohan in alleged angry car chase. [CNN]
* Interesting article on “De-Criminalizing Mental Illness” in courts, legislature, and streets. [Time]

Morning Docket: 07.30.07

By B Clerker

Alberto Gonzales 5 Alberto R Gonzales Abovethelaw Above the Law blog.jpg* How to try and pull a fast one on the entire NBA. [Slate]
* AGAG testimony called “splitting hairs.” [CNN]
* Vick co-defendant to have plea hearing. [Sports Illustrated]
* Morning Docket’s lawyer of the day (for last Wednesday, and while you were sleeping). [Canton Repository]
* Thoughts on how Democrats might approach a conservative Court (from Emily Bazelon). [Slate]

Lawsuit of the Day: Vick’s A Defendant In A Federal Civil Suit, Too

By Billy Merck

Albeit a ridiculous pro se one filed by a prisoner in South Carolina.
There’s nothing like the free time that prison provides and obviously severe mental problems a vivid imagination as a recipe for hilarious, hand-written, pro se complaints. Exhibit A:
Michael Vick Pro Se 1 Abovethelaw Above the Law blog.jpg
Where to begin? Well, first of all, as far as we know Vick is not a federal agent of any kind, so this can’t possibly be an action filed pursuant to Bivens. But of all of the problems with this complaint, that may be the least. Continued discussion and the rest of the complaint after the jump.

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We’ve Got a Dog In This Fight: A Few Thoughts On Vick

By Billy Merck

amoresperros.jpg
As you will have noticed, this is Billy Merck, filling in once more for Lat so that he can attend the ACS National Convention.
As you will have also noted if you’re a regular reader, we are from Georgia. As a native Georgian and an Atlanta Falcon fan, we therefore feel obligated to touch upon this whole Michael Vick thing.
Initially, we note that the media coverage of yesterday’s arraignment was typically laughable. We must have received at least 25 separate headlines in our RSS feeder with some version of “Vick pleads not guilty to dogfighting charges.” Yeah, no kidding. It’s an arraignment, people! Everybody pleads not guilty at an arraignment, unless you have already worked out a plea agreement. It would have been news if he had NOT pled not guilty. But because of the 24-hour news cycle and/or a fundamental misunderstanding of legal proceedings on the part of the press, it’s a story either way.
More discussion after the jump.

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WilmerHale for Michael Vick: Barking Up the Wrong Tree?

By David Lat

Michael Vick dog dogfight Abovethelaw Above the Law blog.jpgFrom ESPN.com (gavel bang: commenter):

In another [Michael] Vick-related matter, the quarterback’s camp has begun interviewing candidates to beef up his legal defense team in the event he goes to trial [on federal charges of conspiracy related to an alleged dogfighting venture].

Vick’s longtime personal attorney, Lawrence Woodward, is expected to remain part of the defense team, but advisors have urged that the Falcons star consider adding counsel with experience in the federal courts.

The Vick camp has solicited recommendations and is believed to have interviewed at least one prominent defender from the prestigious Washington, D.C., firm of Wilmer Hale.

And from a second commenter:

WilmerHale for Vick? Wow, doesn’t seem like a dog-fighting defense shop. They do white collar defense, but that’s a different ball game. From their website: “We have defended clients against allegations of insider trading; securities, healthcare, accounting and government contracts fraud; criminal antitrust violations; money laundering; and alleged violations of the Foreign Corrupt Practices Act and other statutes.”

So, any speculation as to which WilmerHale lawyer is being considered by Team Vick? Or a recommendation of a top “dog-fighting defense shop” for the embattled sports star?
NFL, Falcons could ask Vick to focus energies in court [ESPN.com]