Lawsuits and motions filed by serial litigants like Jonathan Lee Riches — the most famous one of them all — typically get passed around by the mainstream media for some laughs, and are then quietly dismissed by the judges unfortunate enough to be assigned the cases.
But this time around, a federal judge was apparently duped by a very peculiar motion that was supposedly submitted on behalf of the man he once sentenced to 150 years in prison. Of course, Judge Denny Chin of the Second Circuit must have thought it was odd that Bernard Madoff claimed “bio-electric sensors” and “voice-to-skull technology” were to blame for influencing the legal proceedings against him, but the good judge issued a real order in the case nonetheless.
What else did this wild motion say, and who was behind the filing?
In the federal criminal world, there are certain cases where the government almost always wins.
Illegal reentry for a previously deported person, for example, is pretty close to a lock for a government win — all the government has to show is that the person isn’t a citizen, was previously deported, and is in the United States again. If the dude’s in the courtroom, the government is a third of the way there. For example, in the last fiscal year, there were 20,840 folks charged with illegal reentry. Four of them were acquitted at trial.
Similarly, bank robbery is a high-percentage game for the government. These days, most banks have amazing technology that lets them record pretty much everyone inside. Last fiscal year, 896 people were charged with bank robbery. One lucky guy was acquitted.
These days, federal law enforcement is using wiretaps and, according to the Wall Street Journal, old-school sting operations, to go build white-collar cases (it’s a pretty cool article — very cloak and dagger). The strategies that got the federal government the conviction rate it has in drug and gun cases are being applied to investment fraud and insider trading cases.
This is one reason that insider trading cases have looked like as much of a layup as a bank robbery case. The U.S. Attorney’s Office in the Southern District of New York has secured a record of 85 convictions in either guilty pleas or trials without a single loss.
* Jury duty is the only major civic duty that no one ever talks about. Professor Andrew Ferguson would like to change that by encouraging jurors to speak up about their experience. Enjoy learning how the sausage of justice is made! [Huffington Post]
* Verizon threatens to sue Netflix for honestly reporting how bad Verizon’s internet speeds are. [DailyTech]
* The emerging schism in the LGBT community on whether the term “Tranny” is empowering or a slur. Of course this is Legal Insurrection coverage, so the conclusion here is everyone who’s not with the straight white male program should just keep quiet, but the issue itself is interesting. [Legal Insurrection]
* The DOJ lifted its three-year hiring freeze yesterday. There are thousands of jobs out there waiting for the perfect applicant. You know what that means: apply to EVERY SINGLE JOB and see what sticks. [WSJ Law Blog]
* It looks like the ABA is going to move toward allowing paid externships for law students — because being paid to work is smarter than paying to work. Oh good, we’re glad someone finally realized that. [National Law Journal]
* Cleveland-Marshall’s solo practice incubator will be up and running in March. Ten lucky grads will pay rent to their law school to learn what they should’ve when they were still paying tuition. [Cleveland Plain Dealer]
* If you think you’ve got it bad as a 3L here in America, think again. Canadian 3Ls in Ontario are looking at a 79 percent increase in articling and licensing fees, bringing the grand total to almost $5,000. [CBC News]
* Which Supreme Court justices missed out on the State of the Union address last night? Three of the usual suspects (Scalia, Thomas, and Alito), plus Justice Sonia Sotomayor. RBG was there most of the time, except for naptime. [Legal Times]
* You’re doin’ fine, Oklahoma! Oklahoma O.K.! The Tenth Circuit announced it’s going to fast-track Oklahoma’s same-sex marriage appeal, and it’ll be heard by the same panel of judges presiding over a very similar appeal from Utah. [News OK]
* The American Legal Institute just named Ricky Revesz, the former dean of NYU Law School, as its new director. He’ll be “clarifying, modernizing and improving the law,” just like he kind of / sort of did with NYU’s 3L curriculum, but not really. [National Law Journal]
* Law students, say hello to the Immigrant Justice Corps, a job opportunity brought to you by Chief Justice Robert Katzmann of the Second Circuit. Hey, the pay is pretty decent for public interest. [New York Times]
* The results of the latest Law School Survey of Student Engagement reveal to us 1Ls are morons. Seventy percent of them are thrilled with career services, but only 45% of 3Ls feel the same way. [WSJ Law Blog]
* She’s no George Zimmerman: Jodi Arias has a racked up a legal tab of more than $2 million, but because her artwork isn’t as hot as she is, the bill will be footed by Arizona taxpayers. [Associated Press]
Is your office cold? Is your chilly heart in need of thawing? Cuddle up by the fire — or just grab another cup of coffee from the break room — and feel the glow of the winter wedding goodness we have for you this week!
Here are our magnificently impressive, all Ivy-educated lovebirds:
The Second Circuit met en banc (or in banc?) for the first time in a little over two years and handed down a sharply divided 9-6 opinion with potentially major ramifications for the criminal justice system.
In the crosshairs in yesterday’s decision was the sanctity of one of a modern prosecutors most cherished tools of brow-beating serving justice: the guilty plea.
The Second Circuit is leading the way in restoring a little bit of justice to the criminal justice system…
* Now that a federal judge has ruled against the NSA’s domestic spying program, maybe government prosecutors will cut Edward Snowden some slack — or maybe haha, yeah right. [WSJ Law Blog]
* On that note, the ACLU is appealing the other federal ruling that says the agency’s activities are constitutional. The NSA will let you know what the Second Circuit’s decision is this spring. [Guardian]
* Alas, Judge Shira Scheindlin knew from the get-go that her stop-and-frisk ruling would be contested, and she even warned the lawyers involved that they ought to consider a jury. [New York Times]
* “How do you say, ‘I’m married, but not really? I’m divorced, but not really?’” Thanks to Utah’s same-sex marriage ruling, unhappy gay couples who married in other states are rejoicing over the fact that they can finally get divorced. [Deseret News]
* Facebook, a social network that constantly changes its privacy settings to make your life less private, is being sued over its alleged interception and sharing of messages with advertisers. Shocking. [Bloomberg]
* It goes without saying that Sergio Garcia is having a happy new year. The California Supreme Court ruled that the undocumented immigrant will be able to legally practice law in the state. ¡Felicitaciones! [CNN]
* Santa Claus arrested for sexually harassing an 18-year-old elfette. She started getting suspicious when he kept looking at her and proclaiming “Here Cums Santa Claus.” [The Smoking Gun]
* Atlanta jury questionnaire lists “slave” as an occupational option. There’s a lot of outrage, but they were just covering their bases — a potential could have just moved there from Mississippi. [11 Alive]
* Speaking of juries, a long-time prosecutor ends up on a jury and sums up the 10 things he learned from his jury experience. [Texas Evidence]
* The Second Circuit’s decision to remove Judge Scheindlin from the stop-and-frisk case was bad enough — especially since it was an unprecedented overreach for a circuit panel when no one requested her removal — but its true cost is in chilling justice down the road, when judges start to look over their shoulders for fear that an activist appellate panel is out to get them. [WiseLawNY]
* Interesting question: what do you wear under a 3/4-sleeved blazer? I’d wear a T-shirt that says, “I give 3/4 of a damn today,” but most lawyers would disagree. [Corporette]
* Apple hired CPA Julie Davis as a damages expert in its case against Samsung. Whatever she was paid, it wasn’t enough — the jury singled out Davis as the reason they awarded Apple $290 million. [The Expert Institute]
* President Obama won’t “just sit idly by” as his D.C. Circuit nominees are picked off one by one by Senate Republicans. No, instead he’s going to have his White House Counsel give interviews for him. [National Law Journal]
* Today is the 150th anniversary President Abraham Lincoln’s Gettysburg Address. If you’d like, you can watch a live stream of an event celebrating the occasion here at 12 p.m. EST today. [Constitution Accountability Center]
* The Second Circuit slapped down a few requests yesterday, the most notable of which being Argentina’s bid for a full rehearing and Raj Rajaratnam’s plea for a review of his conviction. [Bloomberg; Bloomberg]
* You don’t know what you got till it’s gone: Weil Gotshal is welcoming back a former finance partner after a seven-year stint at Norton Rose Fulbright to fill out its emptied Dallas office. [Law 360 (sub. req.)]
* Dewey know when the axe man commeth for those who refused to join the failed firm’s $70 million partner contribution plan? Right now. Will Marcoux is the first to face off against Alan Jacobs. [Am Law Daily]
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: firstname.lastname@example.org.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
Whether you’re fresh off the bar exam or hitting your stride after hanging a shingle a few years ago, one thing’s for certain: independent attorneys who start a solo or small-law practice live with a certain amount of stress.
Non-attorneys would think the stress comes from preparing for a big trial, deposing a hostile witness, or crafting the perfect contract for a picky client.
But that’s nothing compared to the constant, nagging, real-life kind, the kind you get from the day-to-day grind of being a law-abiding attorney.
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Additional information can be located on our website, at www.sgtlaw.com.