Manhattan District Attorney’s Office

No one has getting indicted on their bucket list. No one sends word of their indictment to their alumni magazine.

That said, if you’re going to get indicted, it’s a whole lot better to be charged in state court in New York than in federal court anywhere else in the country, in at least one way.

The criminal case about the implosion of Dewey & LeBoeuf shows why. Last week, the folks charged in the Dewey meltdown filed a number of motions to dismiss the indictment. Everyone but Zachary Warren filed an omnibus motion to dismiss. Steve DiCarmine filed his own motion that was so, well, something that it contained Above the Law’s quote of the day. Zachary Warren filed a separate motion. There’s some great stuff in all of the pleadings about the government’s case.

What’s perhaps less obvious to those of us who do white-collar criminal defense but don’t normally practice in state court in New York is that, according to the law as set out in these papers, New York state is a magical Shangri-la of due process compared to federal court.

How?

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Zach Warren

Back in March, we wrote the following about Zachary Warren, the young lawyer hit with criminal charges arising out of his post-college, pre-law-school employment at Dewey & LeBoeuf: “we’ve heard rumors that in the coming weeks the DA’s office will show more of its hand — in ways that could materially affect our perception of Zach Warren. We reserve the right to change our opinion of him after additional facts emerge.”

Now some additional facts (or at least allegations) have emerged. As we noted in Morning Docket, the Manhattan District Attorney’s office just laid more of its cards on the table, in opposing Warren’s motion to have his trial severed from that of his more notorious co-defendants.

We have a copy of the government’s opposition. What revelations does it contain?

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Dewey know the identities of the “Secret Seven,” the seven former employees of Dewey & LeBoeuf who have pleaded guilty and agreed to help Manhattan District Attorney Cyrus Vance make his case against the four remaining defendants? As of today, we do.

Yesterday we wrote about the recently unsealed plea agreement of Francis Canellas, the failed firm’s former finance director. Today we bring word of the other six cooperators and the deals they’ve reached with the government….

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Earlier this week, we mentioned that Manhattan District Attorney Cyrus Vance was interested in unsealing the criminal case filed against Dewey & LeBouef’s former executives. Such a move would have the potential to reveal the identities of the “secret seven” — the finance folks who turned to the authorities after things at the failed firm went sour.

Today, documents in the case are slowly being unsealed, and we’ve got info on those who squealed to law enforcement. Get your fill of schadenfreude here…

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For a while, interest in the Dewey drama seemed to be flagging (at least according to our traffic statistics). But lately it has revived, thanks to the recent criminal charges against the firm’s former leaders, plus the arrival on the scene of Zachary Warren — a total Dewey & LaBoeuf-Cake.

Interest in Zach Warren has been keen — and not just because of his good looks. His tale seems to resonate with Above the Law readers because, as Matt Kaiser recently noted, “he seems like one of us.” Although Above the Law’s readership is expanding, with more than a million unique visitors a month, it’s still fair to say that a young lawyer, recently graduated from a top law school, is within ATL’s demographic sweet spot.

Over the past few days, we’ve learned more about Zachary Warren. Dewey want to share this knowledge with you? Of course we do….

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The indictment of Zachary Warren is troubling for a lot of lawyers because, well, he seems like one of us. His post-Dewey path to a great law school, two cool clerkships, and an offer from a great law firm, is something we, as lawyers, can identify with.

What’s most frustrating about Zachary Warren’s situation is that it looks like he was charged largely because he decided to talk to law enforcement without hiring a lawyer first.

Most of us would like to think that, as lawyers, we’re smart enough to make the right legal moves if we’re in a place where we need to. Yet Warren talked to law enforcement, when most of us know that’s the wrong move (and, if you don’t know that’s the wrong move, there’s a short video on my firm’s webpage explaining how we look at it). What’s up with that?

As Lat mentioned earlier this week, there’s a dispute about what happened. Some of Warren’s friends say he was essentially duped about his status or the nature of the interview he participated in. The Manhattan D.A. has pushed back, through spokeswoman Erin Duggan Kramer: “The facts [in this New York Times piece] are incorrect. The claim that an attorney with a federal clerkship could have any misunderstanding of what it means to speak with and agree to meet with the D.A.’s office is preposterous.”

Kramer’s point makes seems intuitively compelling. Why would a smart lawyer talk?

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Dewey & LeBoeuf: back in the headlines.

Last week brought some good news for Georgetown University Law Center. In the latest U.S. News law school rankings, GULC moved up one spot to tie at #13 with Cornell. Go Hoyas!

Alas, over the past year the news has been less happy for some individual GULC students and graduates. About a year ago, former student Marc Gersen got sentenced to four years for meth dealing. Earlier this year, alumnus Stephen Glass got rejected for California bar admission, due to his notorious past as a dishonest journalist.

In recent weeks, a very accomplished (and handsome) GULC graduate, currently clerking for a federal appeals court judge, got indicted in connection with the collapse of Dewey & LeBoeuf. What Dewey know about Zachary Warren?

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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….

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Dewey & LeBoeuf: it’s baaack (in the headlines).

Criminal charges are on the way for Steven Davis, Stephen DiCarmine, and Joel Sanders — the former chairman, executive director, and CFO, respectively, of defunct Dewey & LeBoeuf.

Almost two years have passed since the Biglaw firm’s bankruptcy filing, causing some observers to think that perhaps the Steves would never get charged. The argument, in a nutshell: they might have been poor managers or even downright moronic, but they didn’t commit any crimes.

Alas, sadly for Messrs. Davis, DiCarmine, and Sanders, it seems that Manhattan District Attorney Cyrus Vance doesn’t agree with that line of thinking. What types of charges can the trio look forward to?

(Please note the UPDATES added to this post, reflecting information from the indictment and the SEC complaint.)

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* I would totally go see “Jaws 2013: Lawyers On The Beach.” [The Legal Geeks]

* Downey Brand laid off support staff this week. Man, I thought that laundry detergent was recession-proof… oh, wait, I’m being told that Downey Brand is law firm, a very well-scented law firm. [ABA Journal]

* Sleep expert testifies in Michael Jackson case. Keeps jurors awake! [Expert Witness Blog]

* It’s illegal to burn you ex’s clothes? Bah. Next you’re going to tell me you can’t set fire to his car. [Legal Juice]

* Manhattan District Attorney Cy Vance’s inability to prosecute his political rivals makes it harder for him to do whatever he wants by threatening his political rivals with prosecution. That’s not exactly a bad thing. [Simple Justice]

* Oh look, the FAA might finally acknowledge that making people turn off their electronic devices during takeoff and landing is a stupid rule that has absolutely no bearing whatsoever on flight safety. [Wall Street Journal]

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