Racketeer Influenced and Corrupt Organizations Act (RICO)

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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Paul Bergrin

This case is about a lawyer who used his law license to disguise the fact that he was a drug dealer, a pimp, and a murderer.

– Assistant U.S. Attorney John Gay, describing defendant Paul Bergrin during opening statements in the New Jersey criminal defense attorney’s murder-racketeering trial.

Morning Docket: 01.08.13

* After 22 years of dedicated service, William K. Suter, the clerk of the U.S. Supreme Court, will be retiring come August. Now don’t get too excited about that, it’s not really a job you can apply for; you have to be appointed, so keep dreaming. [Blog of Legal Times]

* A Biglaw hat trick of labor deals: if you’re looking for someone to thank for bringing a tentative ending to the management-imposed NHL lock-out, you can definitely reach out to this group of lawyers from Skadden Arps and Proskauer Rose. [Am Law Daily]

* “Thanks for helping us out, but you can go f**k yourself.” AIG, a company that was bailed out by the government, is now considering suing the government with its shareholders. [DealBook / New York Times]

* Apparently there’s such a thing as the “Nick Saban Corporate Compliance Process.” And as we saw from last night’s game, that process involves efficiency, execution, and raping the competition. [Corporate Counsel]

* Guess who’s back in court representing himself in a racketeering trial? None other than Paul Bergrin, “the baddest lawyer in the history of Jersey.” Jury duty for that could be a fun one. [WSJ Law Blog (sub. req.)]

* Too bad last night’s football game between Alabama and Notre Dame wasn’t played by their law schools. In that case, the final score on factors like tuition, enrollment, and employment would’ve been a tie. [HusebyBuzz]

* This just in: when studying for the LSAT, you should focus on scoring the best you can. This is actual advice that the future law students of America need to hear. [Law Admissions Lowdown / U.S. News & World Report]

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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Morning Docket: 05.16.12

* When Dewey tell the world that we’re dead, but not yet buried? The firm filed a notice with the New York State Department of Labor listing its closing date as yesterday. And what’s their reason for doing so? “Economic.” [Am Law Daily (sub. req.)]

* Dewey have anyone left in the Office of the Chairman? Apparently not: Charles Landgraf has moved on to greener pastures. There is no longer a captain at the wheel of the S.S. Dewey. [The Hill]

* “The continuing loss of revenue-generating partners and Dewey’s debt load has culminated in the imminent demise of Dewey.” Damn, the PBGC certainly doesn’t mince words. Meet the firm’s latest lawsuit. [Reuters]

* A judge reinstated Le-Nature’s $500M case against K&L Gates for failure to detect fraud. Hope the firm has a half-billion lying around — they haven’t been doing too well with the whole honesty thing lately. [Businessweek]

* You stay classy, DSK! Your aggravated pimp hand is strong! Dominique Strauss-Kahn filed a $1M countersuit against Nafissatou Diallo because she “ruined his life, personally and professionally.” [Wall Street Journal]

* Conspiring to price fix? There’s an app for that! A federal judge denied Apple’s and several book publishers’ motions to dismiss a consumer class-action lawsuit about e-book pricing. [Media Decoder / New York Times]

* Like FernGully in reverse? A judge refused to dismiss Chevron’s racketeering and fraud lawsuit against New York attorney Steven Donziger for his work done in Ecuador. [New York Law Journal]

* Thomas Jefferson Law will be the site of the next solo incubator. This is a great way to keep your grads from suing you (not to mention a great way to increase your employed-at-nine-months rate). [National Law Journal]

Call it RICO not so suave. One of the nation’s biggest legal headhunting firms, Major, Lindsey & Africa, is withdrawing its RICO action against a former employee — after a federal judge offered a somewhat snarky assessment of the merits of MLA’s case.

As reported by Leigh Jones over at the National Law Journal, on Thursday attorneys for MLA submitted a notice of dismissal to Judge Colleen McMahon (S.D.N.Y.). The notice declared Major Lindsey’s intent to withdraw its claims against former Sharon Mahn, a former managing director at MLA, without prejudice, in order to bring such claims in arbitration and/or state court.

Perhaps MLA read the writing on the courtroom wall. The move to dismiss came after Judge McMahon ladled out some judicial sauce….

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The world of legal recruiting is a bit like Glengarry Glen Ross. Like the real estate agents of Glengarry, legal recruiters work mainly on commission, and they get paid when they close deals. Instead of getting paid for selling parcels of land, though, headhunters get paid when they find lawyers — people like you — new employment (most often at law firms, although sometimes in-house as well).

Like Glengarry, the world of legal recruiting features outsized personalities, profanity-spouting hustlers, and smooth-talking salespeople (the folks who cold call you and try to lure you away from Big Firm A to Big Firm B). Given the sheer number of recruiters working today, the fierce competition for deals, and the fees at stake — moving a group of powerful partners from one firm to another can result in a six- or even seven-figure payday — it’s not surprising that the business has a seamy side.

In a lawsuit filed earlier this year, which has come to light thanks to some recent, non-sealed court filings, one of the biggest attorney search firms out there — Major, Lindsey & Africa — has made RICO claims against an ex-employee.

Wait a sec. RICO — as in the Racketeer Influenced and Corrupt Organizations Act? Some say legal recruiting can be a dirty business, but it’s not that dirty, is it?

(And are law firm associates going to start getting voice mails from Teamsters? “Hey there, uh, David, my name is Sal….”)

Let’s explore the allegations of MLA’s lawsuit against one its former recruiters, Sharon Mahn….

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