Federal Prosecutors

I’m a technology geek. I’m cognizant of the argument that a not entirely thought-out prosecution could lead to the suppression of ideas and technology, and I have no desire to do that.

Wesley Hsu, chief of the cybercrime unit at the U.S. Attorney’s Office in Los Angeles, explaining his approach to prosecuting cases. You can check out Kashmir Hill’s interesting profile of Hsu over at Forbes.

As Chief Judge Alex Kozinski recently wrote, “There is an epidemic of Brady violations abroad in the land. Only judges can put a stop to it.”

But judges need to know about prosecutorial misconduct in order to do anything about it. The public needs to be made aware of this important issue as well.

Last week, I interviewed Sidney Powell, a former federal prosecutor who has written a new book — a book that pulls no punches when it comes to her former colleagues at the U.S. Department of Justice….

double red triangle arrows Continue reading “Prosecutors Run Amok: An Interview With Sidney Powell, Author Of Licensed To Lie”

U.S. Attorney Preet Bharara

* U.S. Attorney Preet Bharara wants to know more about why Governor Andrew Cuomo shut down an anticorruption commission. [New York Times]

* The ABA weighs in on the “unfinished business” controversy affecting bankrupt law firms, their lawyers, and their clients. [WSJ Law Blog]

* Better late than never: students and professors at UC Davis Law are pushing for the posthumous admission to the California bar of Hong Yeng Chang, who was denied a law license in 1890 solely because of his Chinese heritage. [Associated Press; South China Morning Post]

* Speaking of late, a robber sent to prison 13 years late because of a clerical error just got released. [ABA Journal]

* Drones could claim another victim: the First Circuit nomination of Harvard law professor David Barron. [How Appealing]

* Who still wants a landline phone? The jury foreman in the latest Apple-Samsung battle, who is sick and tired of cellphones after the month-long trial. [The Recorder (sub. req.)]

* Not such a Great Adventure: “Cadwalader To Pay $17M In Six Flags Malpractice Fight.” [Law360 (sub. req.)]

There are so many interesting parts of the Dewey criminal charges, it’s hard to count them all.

For starters, there are the emails laid out by the SEC in its complaint, such as:

  • “I don’t see how we’ll get past the auditors another year.”
  • “I assume you [k]new this but just in case. Can you find another clueless auditor for next year?”
  • “I don’t know anything about [the contracts] and I don’t want to cook the books anymore. We need to stop doing that.”
  • “I don’t know. He’s starting to wig a little. Maybe he’s hearing and seeing too much . . . .”

Sadly for people and happily for prosecutors, regrettable emails are simply a fact of modern electronic life. Still, “I don’t want to cook the books anymore” has to be pretty high on the list of things that one is likely to regret putting in an email.

(These emails, and more, are collected in the Bloomberg piece by Matt Levine wonderfully titled “Law Firm Accountants Were Bad at Accounting, Law.”)

But, probably more interesting than these regrettable emails is what the Dewey prosecution can tell us about white-collar prosecutions in New York more generally….

double red triangle arrows Continue reading “Dewey Know Why The D.A., And Not The U.S.A.O., Is Going After Folks From This Former Firm?”

The first rule of state court is: you do not talk about state court.

* Foreclosure attorney Bruce Richardson alleges that Hogan Lovells partner David Dunn hit him with a briefcase in front of a court officer. That’s how they roll in state court. (Expect more on this later.) [New York Daily News; New York Post]

* From cop killer to nomination killer: Mumia’s the word that stopped Debo Adegbile’s nomination to lead the Justice Department’s Civil Rights Division. [Washington Post]

* In happier nomination news, congratulations to former Breyer clerk Vince Chhabria, as well as to Beth Freeman and James Donato, on getting confirmed to the federal bench for the Northern District of California. [San Francisco Chronicle]

* It’s been a good week for amicus briefs. Congrats to Professors Adam Pritchard and Todd Henderson for getting the attention — and perhaps the votes — of several SCOTUS justices. [New York Times]

* How a Cornell law student got her father to foot the bill for half of her pricey legal education. [ATL Redline]

* As I predicted, the Ninth Circuit’s ruling in United States v. Maloney didn’t sweep the alleged prosecutorial misconduct under the rug by granting the government motion without comment. [The Atlantic]

* RACEISM™ alert: federal prosecutors allege that deputies to a North Carolina sheriff accused of racial profiling of Latinos shared links to a violent and racist video game. [Raleigh News & Observer]

* Speaking of mistreatment of Latinos, a recent Third Circuit decision spells good news for some immigrant communities. [Allentown Morning Call]

* Sarah Tran, the law professor who taught class from her hospital bed, RIP. [Give Forward]

David Boies: just one great lawyer among many at Boies Schiller.

What comes to mind at the mention of Boies, Schiller & Flexner? Perhaps the legendary named partners — David Boies, Jonathan Schiller, and Donald Flexner — or perhaps the legendary bonuses, which last year went as high as $300,000.

But there’s much more to the firm than that. Even though BSF is most famous for its litigation work, it has a sizable and well-regarded corporate practice, for example. And even though its biggest presence is in the state of New York, with offices in Albany, Armonk, and New York City, the firm has several other outposts — including a growing and high-powered presence in Washington, D.C.

Boies Schiller has been adding some impressive new talent to its D.C. outpost. Last week, the firm welcomed a leading litigatrix. Let’s learn more about her, shall we?

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Mathew Martoma

This afternoon, here in Manhattan, a jury found former SAC Capital portfolio manager Mathew Martoma guilty of insider trading. The verdict wasn’t a shock, given the strong evidence against Martoma and the fact that another former SAC trader, Michael Steinberg, got convicted in December on weaker evidence.

The trial involved a number of boldface names of the legal profession. The office of U.S. Attorney Preet Bharara (S.D.N.Y.), one of our 2013 Lawyer of the Year nominees, was represented by assistant U.S. attorney Arlo Devlin-Brown, one of the office’s most prominent prosecutors (and a star of the college debate circuit, for those of you who used to do debate). Martoma was defended by a team from Goodwin Procter that included Richard Strassberg, an S.D.N.Y. alumnus, and Roberto Braceras, another former federal prosecutor — and the son-in-law of Judge José Cabranes. The prosecution’s lead witness, Dr. Sidney Gilman, was represented by Bracewell & Giuliani’s Marc L. Mukasey — son of former S.D.N.Y. judge and U.S. Attorney General Michael Mukasey.

And some of our readers might know Mathew Martoma. He was a student at Harvard Law School back in the 90s, before he got expelled for fabricating his transcript while applying for clerkships.

Here are some notable numbers relating to the Mathew Martoma mess:

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Lawyers may not lead the most luxurious of lifestyles, but if you’re single and looking, it’s still a profession that will make prospective dates ooh and aah. Most people in the average dating pool think being a lawyer is a road to riches, thus making these eligible bachelors even more appealing.

One non-profit organization decided to take advantage of this allure, and is holding a man auction the week before Valentine’s Day. The event will feature about 50 professional men, and 10 of them are lawyers — very handsome lawyers. The bidding opens at $75, and we bet that some of these lucky gents will be sold for well beyond their hourly billing fees.

So who is the most prestigious piece of lawyerly man meat?

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Chris Christie during his U.S. Attorney days.

I almost got fired by Chris Christie. Almost, but not quite.

From June 2004 until November 2005, while working for then-U.S. Attorney Christie in my home state of New Jersey, I maintained a deliciously dishy blog about federal judges called Underneath Their Robes, offering “news, gossip, and colorful commentary about the federal judiciary.” Because I realized that appearing before judges by day and gossiping about them by night could be problematic, I wrote under a pseudonym, pretending to be a woman and calling myself Article III Groupie aka A3G.

In November 2005 — for reasons that I won’t go into here, but that I’m happy to explain at speaking engagements — I revealed myself as A3G in a New Yorker interview with Jeffrey Toobin. The news that one of his prosecutors was writing an irreverent blog about federal judges, including some judges his office appeared before, caused much aggravation for Chris Christie.

The New Yorker piece appeared on a Monday. A few days later, on Friday — after the scandal had made the pages of the New York Times, the Washington Post, and even the Drudge Report — I got called up to the big man’s office on the seventh floor of 970 Broad Street….

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It’s Harvard Law School’s world, and the rest of us are just living in it.

1999: ARLO DEVLIN-BROWN writes that you never know where you’ll run into a classmate. He is prosecuting MATHEW MARTOMA (née Ajai Mathew Thomas) on insider trading charges in Lower Manhattan. Devlin-Brown has asked U.S. District Judge Paul Gardephe (unfortunately Penn ’79, Columbia ’82) for permission to talk about Matt’s expulsion from Harvard for doctoring his transcript, so get ready for fireworks! The trial is expected to last several weeks, so for anyone who missed WILLIAM PULLMAN and Lisa Frank’s (Yale ’03, NYU Law ’08, NYU Stern ’08) Christmas Eve nuptials, it would be a great opportunity for a mini-reunion!

That is Bess Levin’s imagined entry for the next edition of Harvard Law School alumni news, offered over at our sister site Dealbreaker. It’s based on a New York Times piece marveling at the many HLS folks involved in this major insider trading trial (which also include Martoma’s lawyer, Richard Strassberg of Goodwin Procter, and Lorin Reisner, chief of the criminal division of the U.S. Attorney’s Office).

A takeaway from the Martoma matter: HLS students are the best! At forgery and fraud, that is.

Years before he allegedly cheated on Wall Street, Mathew Martoma, then known as “Ajai Mathew Thomas,” cheated at Harvard Law School by fabricating his transcript when applying for clerkships. It was a sophisticated effort that fooled multiple jurists. Which D.C. Circuit judges came thisclose to hiring him as a law clerk?

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