U.S. Attorneys Offices

Will this gorgeous lawyer get a rose?

Now in its eleventy-billionth season, The Bachelorette is one of my guiltiest of pleasures, if only because it’s so ridiculous. If for some reason you haven’t seen the show, here’s the plot: 25 guys get together to show off their machismo and vie for the heart of one of the rejects from The Bachelor in an epic battle to get a taste of those sweet sloppy seconds on national television. In an ideal world, the show’s subtitle would be something like “Because We’re Sick of the Women on Match.com and Their MySpace Angles.”

Anyway, this show usually attempts to pair successful gentleman callers with your average girl-next-door types (and yes, these days, girls next door quit their jobs and move back in with their parents specifically so they can be on a reality TV dating show). Ever since the show featured a more respectable female suitor (read: a dental student) in 2011, ABC’s been upping the ante with respect to the qualifications of the mostly all-white male contestants.

The show hasn’t even aired yet, but we’ve got an inside tip on one of the men who will appear on this season’s trainwreck. One of them is a federal prosecutor, and he’s a major, major stud.

Can you smell the prestige?

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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 (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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Justice Sotomayor: you wouldn’t like her when she’s angry.

As we recently observed, Justice Sonia Sotomayor could be thought of as the people’s justice. The Wise Latina is also the Warm Latina.

Justice Sotomayor shows up on Sesame Street as well as One First Street. She hugs little girls on her book tour. She hires law clerks from outside the top 14 law schools.

But you need to stay on her good side; if you tick her off, woe unto you. Let’s check out the Beloved World (affiliate link) — of pain — that Her Honor just inflicted on a federal prosecutor down in Texas….

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Patrick Bateman? No, Tabber Benedict (via Getty).

* Former Biglaw associate Tabber Benedict, whom we’ve mentioned before (in happier times), reportedly threw a lavish “going away” party — going away to prison, that is. [Daily Mail]

* Take your pick: is government an “impetuous vortex” or a “hideous monster [with] devouring jaws”? [Althouse]

* Some thoughts from Juan Haines, a current San Quentin inmate and jailhouse lawyer, on wrongful conviction. [Life of the Law]

* In defense of the weekly meeting. [What About Clients?]

* Prosecutors: above the (traffic) law? [UTSanDiego.com]

* And how about the U.S. Postal Service? [Felix Salmon]

* The furor over U.S. Attorney Carmen Ortiz and the late Aaron Swartz shows no sign of abating. [How Appealing]

* Speaking of technology law, how would you like to win $5,000? If so, check out this contest. [IT-Lex]

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.

Chris Christie, king of the prose-ticians.

* U.S. Attorneys are rising up, taking office, and conducting their business like hard-ass prosecutors. [Wall Street Journal]

* If only they had more guns at the police station, this might never have happened. [Fox News]

* Of course, out in Arizona, the state attorney general is pushing for an “armed posse” to patrol schools. Arizona: where bad ideas go to be fruitful and multiply. [NBC News]

* Would you give your kidney to your favorite law professor? I wouldn’t, but I would consider taking the kidney of my least favorite law professor and giving it to, well, pretty much anybody else. [Wake Forest School of Law]

* “Aereokiller” has been ordered to stop killing TV networks. [Film On]

* Wait, we still have “longshoremen”? For real, not just as the backdrop for a season of the Wire? [Miami Herald]

* Should law deans be “disbarred”? I like how people have to spend all this time just trying to figure out how to get law deans to tell the truth. [Tax Prof Blog]

* “Did the imperative use of the F-bomb … threaten judicial authority?” Wow, seriously? This is perhaps the most entertaining question presented for review in a Supreme Court certiorari petition in the history of man. [National Law Journal]

* Boy, Dewey have some expensive paintings for you to buy! This failed firm’s art collection will be hitting the auction block in February, and the entire LeBoeuf lot is supposedly worth $2.3M, but most pieces are pretty damn ugly. [WSJ Law Blog (sub. req.)]

* When anonymous commenting goes wronger-er: Jim Letten, U.S. Attorney for the Eastern District of Louisiana, has resigned amid the scandal caused by his underlings’ obnoxious comments. [Times-Picayune]

* Your employers really don’t want pictures of your office holiday party antics going viral online (but we do). Here are some of the many ways they’ll try to keep you from becoming internet famous. [Corporate Counsel]

* George Zimmerman, the man accused of killing Trayvon Martin, is suing NBCUniversal, alleging that the network and Today show reporters committed serious “journalistic crimes.” [Media Decoder / New York Times]

FIRST! Assistant United States Attorney.

First amongst weird creation myths is that of the Mbombo god, who is said to have vomited up pretty much all of our world. Similarly, the story of how this website has been… thrown up is worthy of retelling. At its essence, it goes like this: A boy blogs about very sober legal issues in an incredibly earnest way and then the governor of New Jersey tells him to start Above the Law, The End. I may have missed some crucial details and got others flat-out wrong, but I think the kernel of truth is still in there somewhere.

At any rate, that boy was working for the United States Attorney’s office in Newark at the time. Doing anything on the internet, even if it was super-serious and incredibly sincere, could be considered controversial because of the position. The lawyers tasked with working in such a high-profile prosecutorial role must be seen as impartial, lest the cases they take on get tainted by their online presence.

Which is what makes it all the more surprising that history is repeating itself down in New Orleans, where two assistant United States attorneys have become embroiled in scandal after being caught commenting on not just the law in general (like our own dear leader), but the specific cases that came through their office.

It’s almost as if the New Orleans U.S. Attorney’s office is trying to outdo David Lat in some way. Which, I mean, trick please…

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Ed. note: Lat here. This post is by lawyer turned novelist Allison Leotta, whom I previously profiled. I recently read Leotta’s newest book, Discretion, which I highly recommend. Not only is it a gripping thriller, but it’s legally realistic too, reflecting Leotta’s experience as a federal prosecutor and her research into the escort business.

As a former sex-crimes prosecutor who just wrote a novel about the escort business, I keep getting the same question from my Biglaw buddies: “I already feel like a high-end prostitute. Shouldn’t I get paid like one?”

It’s an old saw that lawyers are already prostitutes. Face it, we care deeply for our clients because we’re paid to care about them. If we’re good, we start by convincing ourselves that the side of the legal dispute we more or less randomly ended up on happens to be the right side. You think a hooker’s job is that different? Forget it. The infamous D.C. Madam — an inspiration for my latest book, Discretion (affiliate link) — was a woman who dropped out of law school and opened an escort agency.

You’re good-looking, you like people, you know how to bill by the hour — you could totally do this. But is being a high-class escort really a better job than the one you’ve got now? The answer will be familiar to every memo-writing associate: It depends. Before you go trading in those Christian Louboutins for five-inch-stilettos, check out these side-to-side comparisons of the trades….

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