Crime

Stephen DiCarmine as the Annoying Orange

[T]he insatiable greed of some of those [equity] partners and the decision of some partners to jump ship when the going got rough were major causes of D&L’s collapse, not Steve DiCarmine’s actions.

– Attorney Austin V. Campriello of Bryan Cave, arguing on behalf of Stephen DiCarmine, Dewey & LeBoeuf’s former executive director, in a memorandum in support of his client’s motion to dismiss the indictment.

(Keep reading to see DiCarmine’s entertaining memorandum in full.)

double red triangle arrows Continue reading “Dewey Defendant Suggests Prosecution’s Confusion As To ‘Very Basic Law School Stuff’”

* Congrats to William Voge, who was elected as the new chairman of Latham & Watkins. He succeeds Robert Dell in this position, who is one of the Am Law 100′s longest-serving leaders. [Am Law Daily]

* Dewey’s former execs filed a motion to dismiss their criminal charges, lamenting the fact that the Manhattan DA made them “scapegoats” for the total failure of their firm. [DealBook / New York Times]

* A judge banned the Washington Redskins name from his court, proclaiming that the offensively monikered team shall be known only as “the Washington Team” in documents submitted. [WSJ Law Blog]

* Senate Majority Leader Harry Reid thinks that if it were up to Judge Judy, House Speaker John Boehner’s “show trial” suit against President Obama would be thrown out in “half a second.” Well then. [ABC News]

* A Michigan attorney was arraigned yesterday on a felony charge of homicide-solicitation of murder. It seems that the hired hitman warned his target. He’s not getting a good Yelp review. [UpNorthLive.com]

* If you’re an international student with a foreign law degree trying to get a law degree in the U.S., why the hell would you waste your money on a J.D.? Just get an LL.M. [Law Admissions Lowdown / U.S. News]

* Oh baby8: Nadya Suleman (formally doing business as Octomom) pleaded no contest to welfare fraud charges after she failed to report income from all of her public appearances and porn videos. [Reuters]

John Farren and Mary Farren

When we last checked in on John Michael Farren, the former general counsel to Xerox and deputy White House counsel under President George W. Bush, things were not going well for him. Back in December, a jury found him liable for assault and battery against his former wife, Mary Margaret Farren. The jury awarded Mary Farren some $28.6 million in damages — an amount that reflected the brain injury and emotional trauma suffered by Mrs. Farren, who went from a lucrative job at Skadden to unemployment.

Criminal charges against Mike Farren remained pending at the time of the civil verdict. On Friday, the criminal case got resolved — and not in a manner favorable to Mike Farren….

double red triangle arrows Continue reading “Ex-White House Lawyer And Fortune 500 General Counsel Gets Convicted Of Attempted Murder”

(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.

double red triangle arrows Continue reading “On Remand: Cops, Courts, And Doughnuts”

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?

double red triangle arrows Continue reading “Lawyer/Real Housewife’s Husband Sentenced To 8 Years In Prison”

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….

double red triangle arrows Continue reading “Attempted Cannibalism and Furthering Jihad: Two Views of Intent in a Criminal Conspiracy”

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.

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