Paul J. Fishman

Internet Hacker Sentenced to Prison Garners Ill-Conceived Support

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Andrew “weev” Auernheimer

A famed hacker, Andrew “weev” Auernheimer, was sentenced to 41 months in prison yesterday. A jury convicted Auernheimer of conspiracy and identity theft back in November stemming from his role in a scheme to snag the personal email addresses of over 114,000 iPad users, including Mayor Michael Bloomberg, Diane Sawyer, and Mayor Rahm Emmanuel.

Auernheimer argued that he acted as an uninvited “gray hat” hacker, grabbing the email addresses of customers for the sole purpose of exposing the flaws in AT&T’s security.

The sentence, at the upper end of the Guidelines range, is a far cry from the non-custodial slap on the wrist Auernheimer’s attorneys sought. There are two broad categories of response to the sentence. First, that Auernheimer is a completely terrible human being, but that his being a dick does not justify the harsh sentence. Second, that Auernheimer did not commit a real crime because he never intended to steal anyone’s identity and the Computer Fraud and Abuse Act is a bad law.

To these arguments, I reply “yes it does,” and “who cares?”

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Paul Bergrin, ‘The Baddest Lawyer in the History of Jersey,’ Convicted at Last

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Paul Bergrin (via Getty Images)

I have to give Paul Bergrin some credit. This former federal prosecutor, accused of drug dealing, pimping, and murder, has been remarkably successful at eluding conviction for his crimes.

Bergrin was first arrested back in 2009. The U.S. Attorney’s Office for New Jersey, where Bergrin once worked before becoming a defense lawyer, brought him to trial. That trial, which took place in 2011, ended with a hung jury. Some time was taken up with appellate machinations (in which the U.S. Attorney’s Office prevailed).

A new trial, before a different district judge, got underway this January. And today justice finally caught up with the man that New York magazine famously dubbed “the baddest lawyer in the history of Jersey”….

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Pol Dancing: What Is Wrong With Trenton?

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What is wrong with Trenton?

In the chilly late night hours of Christmas 1776, General George Washington crossed the Delaware River to liberate Trenton from Hessians forces serving the British. It was a remarkable display of leadership that Trenton has not witnessed since.

Earlier this week, the New Jersey U.S. Attorney’s Office filed a 31-page criminal complaint charging Tony Mack, Mayor of Trenton, in connection with an alleged bribery scheme worth around $119,000, relating to the sale of city-owned land to private investors….

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Benchslaps of the Day: A Double Whammy for a District Judge

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Judge Martini could probably use a drink right now.

Last Friday, the U.S. Court of Appeals for the Third Circuit delivered two stinging benchslaps of Judge William J. Martini (D.N.J.). The benchslaps were delivered in two different cases by two separate three-judge panels, but both opinions vacated rulings by Judge Martini and also directed that the cases be reassigned to new judges on remand.

Ouch. As noted by the Newark Star-Ledger, “[i]t amounted to an extremely rare and harsh rebuke of a well-known federal judge who once served in Congress.” (Before he was appointed to the federal bench by President George W. Bush in 2002, Bill Martini served a single term in the U.S. House of Representatives; he ran for re-election but was defeated.)

What did Judge Martini allegedly do to incur the wrath of the Third Circuit? And what did the opinions have to say about His Honor?

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