Classic Schemes to Defraud

Where I live, the local government was so corrupt that the voters threw the entire system into the trashbin in favor of a "reform" which I am sure we are hoping works out to the benefit of the taxpayers/citizens.  The Bad Lawyer has always been poitically moderate, although my rightie friends think, (and my late-father thought) I'm a socialist/commie.  My friends on the left are equally aghast at my politics--oh well.  My education and life experiences have biased me towards "representative democracy" so I tend to view reform as anti-democratic--elites choose your representatives instead of you.  While I am repulsed by the overall quality of the elected judiciary; I am deeply suspicious of merit-selection schemes.  The new local government "reform" has me deeply suspicious, but I can't argue with the need to do something to rid ourselves of the crooks who are fleecing the folks they were supposed to be representing. 

In Boston.com (website of the Boston Globe) has this article describing the indictment of the Massachusets Speaker of the House, Salvatore Di Masi (pic, right) and a number of his cronies for what they term, "classic schemes to defraud."  According to the Boston Globe, "DiMasi and the other defendants are charged with steering two contracts worth $17.5 million to [. . . ] a Burlington firm, in exchange for hundreds of thousands of dollars in payments, including $57,000 for DiMasi. Also indicted were DiMasi’s friend and former accountant Richard Vitale; DiMasi’s friend and [ . . .] lobbyist Richard McDonough; and [a . . . ]former sales agent, Joseph Lally."


"Defense lawyers argue that their clients did nothing wrong and that the money paid to DiMasi and the other defendants represented legitimate legal, consulting, or lobbying fees."

Recently, prosecutors in New York State prosecuted former State Senate majority leader Joseph L. Bruno (pic, left) who had turned his office into a lobbyist boiler room.  His decades-long legacy, a legisaltive institution that is openly mocked on the editorial pages of the leading newspapers of New York as a carnival of greed heads, crooks, and ego maniacs. 

I have a friend who likes to say that you get the government you deserve, I find that notion, absurd and reductionist.  These people like Bruno and DiMasi are old school guys who came into power motivated by decent impulses.  We enable their exploitation by not requiring them to serve us, and not special interests, corporations, and lobbyists.  If we care about representative democracy we will take radical steps to reign in the system of private finance of our politics. 

As a young lawyer, I was frequently stunned by the easy corruption of political and judicial figures.  Years ago I stood in shock as opposing counsel openly-pandered a Judge's visit to his lawfirm's lodge for skiing and drinking in front of me as we argued the repective merits of competing motions to this Judge.  The Judge granted his pal's motion for summary judgment and it took two years to obtain an appellate court reversal with an award of attorney fees.  Think about this.  My client was screwed by a corrupt judge.  It took two years to undo the damage--what if we lacked the resources to pursue an appeal?  What if the court of appeals panel had not done its job as it so often does not?   The corrupt judge, ran for the court of appeals, his campaign poster touted his "integrity."  He won.

Help, My Jailhouse Lawyer Is Incompetent!

The Dickinson Press (Fargo, ND) has this great reminder about the advisability of getting competent legal advice:

"A federal judge says a defendant in a criminal case who gave legal advice to other inmates cost himself and the others added prison time.  Neville Solomon [a Guyanese national involved in money laundereing and Ponzi investment schemes] was recently convicted in [Fargo,] North Dakota of investment fraud. [Solomon] refused to listen to his court-appointed attorney and instead cited commercial law and religious passages in his defense.  U.S. District Judge Ralph Erickson said in court that Solomon's filings had no place in a criminal proceeding and sentenced him to more than seven years in prison.  The judge said 'a whole bunch of people [co-defendants] wound up in prison for a lot longer time than they should have because of Solomon's jailhouse lawyering."
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One can only hope that Solomon won't be handling the appellate portion of these cases.

Lock Me Up, Right Now!

I'm just catching up with this interesting report from the Minnesota Star Tribune from last month.

Andover, Minnesota Ponzi-scheme suspect Gerard Frank Cellette, Jr. (pic) a former printer appeared it the Hennepin County District Court and asked Judge Gary Larson to send him to jail forthwith, without the nicety of guilty plea, trial or conviction.

Having spent the better part of two years expecting and dreading professional disaster, I get where Mr. Cellette is coming from, let's get to it!

Note: to self, we will talk about Ponzi schemes, there's a Bad Lawyer out of Florida that needs our attention.

Stolen Honor--Fake Marine Guilty in Fraud Prosecution

AZCentral is reporting the story of the Scottsdale resident who has been convicted by a local jury of multiple counts of fraud arising out of pretending to be a Marine hero.  Colin Lecher's story follows:

"A Scottsdale man who pretended to be a decorated Marine was found guilty Monday on 12 fraud-related counts in Maricopa County Superior Court.   John W. Rodriguez (pic), 31, was convicted by a jury on charges of forgery, fraudulent schemes and presentation of a false instrument for filing.

Investigators were first alerted to Rodriguez after a former Marine saw him introduced as a decorated veteran at a special military function, according to officials at the state Department of Public Safety. The man noticed Rodriguez's uniform was not complete and thought it was odd for someone his age to be wearing the Navy Cross.

After researching Rodriguez, the man found he had never been in the military. The DPS took over the investigation and found Rodriguez had pretended to be a decorated veteran at several functions and had listed himself as currently serving in the military on his driver's license.  DPS officers served a search warrant at Rodriguez's home in June 2009 and uncovered several Marine uniforms and medals. He was arrested a week later at Sky Harbor International Airport after returning from a trip."
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You'll recall that we talked about efforts to prosecute this act under specific laws designed to prevent "stolen honor."  These laws are constitutionally-flawed in the sense that they run headlong into the First amendment protected speech, idiotic and obnoxious as such acts are.  The thing I found interesting about the Arizona Republic story is that it was a successful prosecution utilizing existing criminal statutes that are focused on criminal behavior, not speech or well-meaning unnecessary flag waving law. 
 
As a US Army veteran I noted with pleasure that this asshole, Rodriguez, was outed by a genuine veteran who noted something, all veterans notice--flaws in the uniform.  After I served, whenever I saw a television production or movie featuring someone in uniform, technical flaws in the character's uniform would ruin the drama for me.  This could be anything from the haircut, a proffered salute, or obvious things about the uniform, insignias or decorations.  When you serve, from day one you learn how to walk, hold your hands when at rest, salute correctly (trust me it's not obvious), walk and stand upright.  Uniforms and hats are worn according to strict rules and regulations, the same with medals like the Navy Cross.  It's not just that a 30 year old fake leatherneck is rocking a Naval Cross, it could be as simple as how the medal is worn that can be a dead give away. 

Trial of Judge Accused of Bribery, Underway in Akron



Judge McCafferty leaves US District Court



Cuyahoga County's corruption scandal is winding down.  If you don't know what I'm referring to, check the link.  In essence several top (mostly, democratic) county politicians in the greater-Cleveland, Ohio area gamed the politics, revenues, business and legal system to enrich themselves, friends and families.  Ensnared in the racketeering by former Cuyahoga County Auditor, Frank Russo and (allegedly) Commissioner Jimmy Dimora were two Cuyahoga County Common Pleas judges: Bridget McCafferty and Steven Terry.  In March, McCafferty was convicted of lying to FBI agents about corrupt phone conversations she had with her political bosses; and, the latter's trial is underway in US District Court in nearby Akron, Ohio. 

Noted Plain Dealer reporter, Jim McCarty has a compelling account at today's Cleveland.com.  This is an excerpt:



Judge Terry talks to the Press

Former Cuyahoga County Auditor Frank Russo testified Monday that he took a liking to Judge Steven Terry and that is why he ran his 2008 election campaign, donated thousands of dollars in cash and political gifts, and provided the judge with staff and dozens of foot soldiers from the auditor's office.    But the deposed auditor, appearing for the first day of testimony in Terry's public corruption trial, did not provide federal prosecutors with the direct connection they sought to link the campaign assistance to their theory that Russo was setting up the judge for future corrupt purposes.
"He was a nice person but really naive about being a judge," said Russo, who was once the county's largest vote-getter. "He really needed some help. Once you were under my wing, you were in pretty good shape."

Terry faces five charges of mail fraud and conspiracy to commit mail fraud. Testimony began Monday morning in U.S. District Court before Judge Sara Lioi [ . . . ]


Former Commissioner Dimora

 The 53-year-old judge is one of more than 50 officials and contractors implicated in a corruption investigation that became public with FBI raids in July 2008. The chief targets of the investigation were Russo and then-County Commissioner Jimmy Dimora. Dimora has maintained his innocence and is scheduled to go to trial in January.

Russo, who faces nearly 22 years in prison for bribery, obstruction of justice, conspiracy and fraud, has been cooperating with prosecutors in hopes of shortening his sentence [ . . . ]
In an opening statement, a federal prosecutor depicted Terry as a judge more concerned about winning election than administering justice, and so corrupt he was willing to fix a case to curry favor with Russo, his political mentor.   Defense attorney Angelo Lonardo painted a strikingly different portrait of Terry, however. He blamed Russo for deceiving his client, who he portrayed as an innocent victim of Russo's criminal schemes [ . . . ]


Frank Russo

Russo provided Terry with auditor's office employees to work as a bailiff and judicial staff. He also donated campaign contributions, and provided the judge with signs, literature and access to his campaign schedule, which Bacon called "the Bible."
Prosecution witnesses included Mandy Smith, Terry's former bailiff, and Destin Ramsey, Russo's former chief operating officer.

Smith testified that Terry and his staff typically spent afternoons that should have been devoted to court business instead stuffing campaign flyers into envelopes, mapping out election strategies and making political calls.

Ramsey described Russo's interest in Terry as "quite frankly, very odd." Bacon questioned why Ramsey thought Russo was so interested in helping Terry to get elected. "I would assume for the influence, is what it appeared to me," Ramsey testified.

Russo's assistance to Terry came at a price, Bacon said. "He was giving things to buy a judge," Bacon said, "someone he could control."

Russo called in his favors in July 2008, when he asked Terry to rule favorably in a foreclosure lawsuit involving Russo's friend, attorney Joseph O'Malley, Bacon said.   FBI wiretaps of Russo's phone caught him calling Terry: "Judge, I need a favor."

On the tape, Russo could be heard instructing Terry to deny a key motion in a home foreclosure case. Terry later called Russo to report the outcome.

"I just took care of those things, denied everything," Terry told Russo, according to the wiretapped recording. Russo expressed his pleasure with the outcome, and told Terry to expect him and his friend, Dimora, to attend his next campaign fundraiser [ . . . ]
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Even assuming that Judge Terry is acquitted of the bribery allegations, this story should give you a great deal of insight into how some of Ohio's judges get, keep, and handle their judicial positions.  Disgusted?  Pissed? 

I'm hoping that Cuyahoga County is an extreme example of this sort of thing, gone wrong; but, I'll bet you--many judges bothering to read this story this morning would be well-advised to look for any resemblance for how business is conducted in their courtrooms and chambers. 

So What's Sheriff Joe Been Up To?

One of the many threads I lost track of during my 5 month-sabbatical was the Maricopa County follies. I see that Sheriff Joe continues despite shocking revelations of financial malfeasance, misfeasance and outright fraud, and his standard craziness--his brilliant crime fighting with a new Mugshot Contest.  This is William Hermans's AZCentral.com's report on Arpaio's fun new law enforcement game:

"Maricopa County's Joe Arpaio may be 'America's Toughest Sheriff,' but he's clearly a fun guy.  First he put inmates into pink underwear, then into striped jail suits like the Beagle Boys. Then he put dogs into cooled jail cells and humans into tents in the heat. And he fed inmates green bologna.

Now the sheriff is letting everyone in on the fun. Arpaio's office says the public can go to the Maricopa County Jails website, 'peruse all the mug shots of the people arrested each day,' and choose a favorite. The most popular mug among mugs will be 'Mug Shot of the Day.'  One day it's a murder suspect, the next a drug suspect, and the next a child-molestation suspect.  Arpaio says there's a serious side to it: 'More eyes on arrestees may result in more leads to criminal investigators.'

Similar schemes in the past have met with mixed results. Federal courts rejected Arpaio's attempt to stream video of inmates, but the sheriff maintains inmate mug shots online."
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And Andrew Thomas?  How's the wanna be attorney general of Arizona doing?

This Week on Bad Lawyer

An anonymous comment left at the Bad Lawyer post relating to Douglas Robinson, the Cincy drug addict arrested 74 times in two years-- made me think that the commentator was reading my mind. 

The Bad Lawyer Blawg was actually created as a forum to enable a Bad Lawyer to get some sleep and deal with intrusive dreams in the wake of cascading professional disaster.  This is my struggle to objectively look at who I am and what I became, and document the past and present.

The frenzied legal commentary that ensued since August, particularly in the month of January is nothing but self portraiture--the Bad Lawyer is a little bit of somebody or someone in all the stories that I've cast my focus on especially those tales of lawyers and judges gone horrible wrong.  There is a tremendous poignancy for me in relating the stories of lawyers marched into court to plead in disgrace to charges of schemes and scams even in the case  the POS lawyer who goes to jail after stealing from widower's estates to give his girlfriend breast enhancements.  I feel pain in a sharp pain in my gut, because, I see the criminal under my own hat in these stories.  The Bad Lawyer's outrage at guns and tasers, police and public officials, child molesters and the church,  tells me that beneath my own corruption and denial there beats the heart of the young guy who wanted to be a good lawyer. 

But the anonymous comment caught something that I recognize and which I alluded to the other day that in order to find even a penitent's path back to my profession this Blawg can not continue at the pace and with the focus of this last month.   It will change and while I intend to keep drawing on the news stories that interest me and motivate me as a human being and as a lawyer, this week and for the foreseeable future I begin to cope daily with the struggle to begin to put it back together, professionally.  I don't know what the future holds, further humiliation and disaster are possible if not probable--but, this blawg will narrate it all.

I will post at greater length, about the agonies of this Saturday and the scramble to timely comply with requirements set out in a letter the Supremes sent me on December 29, which I did not open until Saturday, mistakenly believing it to be a "hard copy" of what was published online.   In fact the letter the Supremes sent was a multi-page set of instructions and prohibitions upon me that layered on further humiliations and retrictions.  Amazingly, a little piece of paper fluttered out of the envelope which said in effect if you want to know what we said in our opinion finding you a Bad Lawyer log on to our website:  http://www.youareapieceofshit.com/ and read it for yourself.  Consequently, Saturday was a further nadir in my psychological and emotional life.  By Sunday I felt like a piece of fruit that had been pummeled by one of those Louisville Slugger Baseball Bats--this, after I saw some sort of light ahead. 

There is a great saying among spiritual seekers that resonates with me, on the path to enlightment when you are approached by someone claiing to be the Buddha, kill the Buddha, because the first person you meet claiming to be the Buddha is always a "false Buddha."  The guy in my mirror in the morning, who thought he saw some light, was a false Buddha.   So I begin again.

Last week, I met with my accountant and a bankruptcy attorney to explore my/those options.  That was a good meeting, in the sense that for now at least I was able to exclude an easy way out of the abyss.  Sometimes, the abyss is so deep that there is no exit;  it is possible, the abyss is so deep that it works to your advantage--just a possibility, not a probability.  This week, I plan to labor in the coal mines of my tattered financial records and rummage through the bankers boxes of canceled checks tyring to bring myself in compliance with filing requirements that everyone else in America seems capable of dealing with, but that I have spectacularly failed to attend to at my very real peril.  So this will be a quiet week on the Bad Lawyer Blawg.  While I already have some posts written and "scheduled" I will see what I have left over in terms of energy or the ability to focus--to add to the portrait of the Bad Lawyer.

That is after all what this Blawg is--it is a self portrait of the Bad Lawyer. 

Lawyer Schemes and Scams

Wow!  Here's a scheme, scam, scandal:  the Bad Lawyers in the pic are a couple of North Carolina lawyers who designed and executed a scam to obtain DWI dismissals for essentially no good reason.  While earning nothing to speak of and ensnaring many others in their scam, attorneys Chad Lee (pic entering court with his father and lawyer and Lee Hatch have "baffled" the sentencing Judge who sent them to prison.  This story is from the North Carolina News and Observer.com: 

"Chad Lee and Lee Hatch, buddies for more than a decade, headed to prison for nearly four years. They were spared the 50 years their crimes could have brought them; both surrendered their law licenses. Jack McLamb and Vann Sauls will be forbidden to take criminal cases as they serve three years of probation. Portia Snead, a deputy Superior Court clerk who helped with the scam, lost her job and retirement pay; she, too, is on probation. Cindy Jaeger, a former prosecutor at the center of the plot, still faces charges. The pleas help close an investigation that rocked the Johnston County legal community. Prosecutors say that, with Jaeger's help, the lawyers and the clerk wiped away drunken driving charges for dozens of defendants. Court documents were treated like currency, traded after hours among friends, filed in daylight under the auspices of official court business. 

'I cannot understand why anyone thought this was a good idea,' Superior Court Judge Henry Hight said moments before sentencing Lee. 'Detection was almost certain given the [pathetic condition of the] records and the number of people involved. I don't get it.'"
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It is a mistake, to presume that lawyers are smart or competent.  Everyday I have to dispell this notion, I try to start with the guy in the mirror.

Defendant:"I've Suffered Enough, Judge," Judge: "No You Haven't"

Jay Weaver at the Miami Herald covers the sentencing of Dr. Alan Mendelsohn (pic) the Florida opthalmologist and political lobbyist.  The federal prosecution of Dr. Mendelsohn (once again) peels back the cover on Florida's amazingly corrupt political culture.  Mendelsohn's last political fundraiser (while he was under incitment) was for Florida's new Tea Party US Senator, Marco Rubio.  Nice.

Mendelsohn is a dramatic example of how not to approach your white collar sentencing.  This is an excerpt from the Herald account, by Mr. Weaver:

U.S. District Judge William Zloch slammed a respected Broward County physician with a four-year prison sentence on Wednesday, sending a strong message against the corrupting influence of special-interest lobbyists who raise millions for politicians in Tallahassee -- in exchange for favors.

Zloch told Dr. Alan Mendelsohn, 53, a politically connected ophthalmologist, that the hefty sentence was warranted because his pay-to-play misconduct was like a “cancer” with “tentacles” that thwarted good government from South Florida to the state capital.

Mendelsohn was the key figure in a public corruption and tax case that saw him secretly divert $700,000 from campaign donations and other income to himself, his family and his mistress. He did not report that money to the IRS.

Some of the donations were made after Mendelsohn, an unregistered lobbyist, bragged to special interests in major industries about his purported connections to then-Gov. Charlie Crist, lawyers on the attorney general’s staff and state legislators. Mendelsohn served on Crist’s transition team in 2007.

“Most notably, the corruption in this case strikes at the heart of the Florida Legislature,’’ Zloch said. “Dr. Mendelsohn actually facilitated a corrupt democratic process in the Florida Legislature.”

[ . . . ]
At the plea hearing, he told Zloch that if influential insiders didn’t pay political bribes in Tallahassee, they would be “toast.”

On Wednesday, Zloch said the Justice Department’s recommended prison sentence for Mendelsohn, between 2 and 2½ years, and his defense attorney’s bid for probation with no jail time, failed to address the seriousness of his criminal behavior.

The judge, sitting ramrod straight on the bench, condemned Mendelsohn for orchestrating schemes in which political donors contributed hundreds of thousands of dollars to obtain legislative favors behind the scenes.

“A message must be sent to the public that corruption of this scope cannot and will not be tolerated,” Zloch told a packed Fort Lauderdale courtroom, which included some supporters who gasped, “Oh my God” when the judge issued the hefty sentence, along with a $10,000 fine.

[ . . . ]

Mendelsohn pleaded guilty last year to conspiring to defraud the U.S. government by failing to report to the IRS $700,000 in income siphoned from his PACs, his lobbying clients and his medical practice. Mendelsohn, who raised money mainly from Republican donors, pleaded to a single conspiracy charge, which carried a five-year maximum sentence.

Mendelsohn spent the political proceeds on a mistress, as well as his children’s private high school tuition, SAT tutoring, a luxury car and home renovations, according to court records. He also admitted lying to FBI agents.

Before the sentencing, Mendelsohn asserted he had suffered enough from his misconduct. Entin filed 350 letters from supporters seeking leniency for his client.
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The arrogance of this defendant did not play well at his federal sentencing.  It may not seem much when you read about the length of sentences that run to multiple decades or life, but the difference between a 2 years and 4 years is like an eternity for a guy like Mendelsohn.  This was clearly a pissed off judge.

Addiction, Strange Twists of Thinking, and Tikkun

The Ohio State Buckeyes under the late-Woody Hayes featured the stand out quarterback Art Schlichter (pronounced, Sh-lees-ter);  in fact, Schlichter threw the interception that prompted Woody Hayes assault on Clemson linebacker Charlie Bauman in the 1978 gator Bowl game leading to Hayes' dismissal.

Schlichter is a remarkable example of someone so addicted to gambling that it destroyed his career and his life.   The Columbus Dispatch is reporting that Schlichter is again under indictment on 13 felony counts relating to a ticket selling scheme and fraud.  Schlichter is blaming his addiction (on gambling?)  Here's an excerpt from reporter Mike Wagner's report:

"Art Schlichter, the former Ohio State quarterback and one of the nation's most notorious compulsive gamblers, was indicted today on 13 felony counts in connection with the ticket-selling scheme that swindled people out of more than $1 million.

A grand jury handed up the indictment to the Franklin County Prosecutor's office after Schlichter and Prosecutor Ron O'Brien failed to reach a plea agreement since Schlichter surrendered to authorities more than two months ago.

The most serious charge filed against Schlichter includes one rooted in the Racketeer Influenced and Corrupt Organizations Act, which alleges a pattern of corrupt activity and is typically used to prosecute organized crime. The RICO charge involves Schlichter and five associates, who are not named in the indictment, and accuses them of scamming people out of their financial assets beginning in 2009 and continuing for more than 18 months. In some cases, the schemes involved cash accounts, credit cards, loans and other investments.

Schlichter, 51, an All-American at OSU more than 30 years ago, continues to be held in the Franklin County jail. If convicted on the charges, Schlichter could face a maximum of 30 years in prison.

In each of the 12 felony theft counts, Schlichter is accused of deceiving people and stealing from them. Schlichter is accused of telling people that he could make money by selling tickets to Ohio State football games and the Super Bowl. But in many cases, those who lent him money were never repaid, and others did not receive the tickets they were promised. The indictment also contains an allegation that Schlichter sold memorabilia that had already been sold years ago."
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You'll notice that one of the elements of the story is the selling of memorabilia.  In the scandals swirling around Coach Jim Tressel are allegations that Tressel covered up for Ohio State players who were selling memorabilia or exchanging memorabilia for tattoos from tattoo parlor operator who was under investigation by the FBI.  Instead of Tressel reporting the violations by his players to the NCAA as he is obligated to do, he lied. 

There it is again, misplaced values.

These strange twists of thinking can be indicative of a severe addiction as in Schlichter's case, or of a fundamental life correction or redemption.   These flaws, failure and falls of mankind effect me profoundly.  Of course I see myself in them and I am striving mightily to effect my tikkun, my correction.  It's why I write Bad Lawyer.  Bearing in mind that in classic Kabbalah mysticism, the Tikkun ha-Olam is the command that humanity must restore and redeem a broken and fallen world. 

More from Alleged Corrupt Cuyahoga County Judge Trial



Russo prepares to entire US District Court

Reporter Jim McCarty at Cleveland.com  has more sensational reporting on the ongoing testimony of former Cuyahoga County Auditor Frank Russo in the trial of alleged corrupt Cuyahoga County Common Pleas Judge Steven Terry.

"[Convicted felon and former Cuyahoga County Auditor Frank Ruso] testified Tuesday morning that the campaign assistan[ce] and donations that he gave to Judge Steven Terry came with strings attached.   The disclosure came during Russo's second day on the stand in Terry's public corruption trial and after U.S. Attorney Antoinette Bacon recalled campaign-related car magnets and other assistance the once influential Democrat provided for the judge's 2008 election.

"Did you expect anything in return for all you did?" Bacon asked.

"Yes, I did," Russo replied. "Basically, I expected Steve to answer the phone anytime I called, to give it attention, to follow through, give me the benefit of the doubt, whether it be a case of whatever. Of course, he would do what I asked him to do."

Russo went on to recall sending a note asking Terry for help with a foreclosure case before the judge. The case was being handled by attorney Joseph O'Malley, a friend of Russo's, and the former auditor testified that he provided Terry with related case numbers and asked that the judge deny a bank motion for summary judgment.

The judge ultimately denied the motion.

Terry, who is on leave pending the outcome of his criminal case, is on trial in U.S. District Court on five charges of mail fraud and conspiracy to commit mail fraud [ . . . ]
Prosecutors contend that Terry conspired with Russo to win a judicial appointment. They accused the 53-year-old judge of accepting gifts, bribes and campaign help from Russo and in exchange agreeing to provide favorable decisions for Russo and his friends in court.

Defense lawyer Angelo Lonardo, who has tried to portray Terry as an innocent victim of Russo's criminal schemes, got the former auditor to acknowledge a "dark and secret side," a reference to [Russo's] conviction on 21 corruption-related crimes.

Russo, who faces nearly 22 years in prison, is cooperating with prosecutors in an attempt to reduce his time behind bars.

On Tuesday, he went on to explain that, although he offered his support and endorsements to many Democratic Party candidates in the county, but only provided wide-ranging assistance in 2007 and 2008 to three candidates: Terry, his brother Anthony Russo, who was running for judge in probate court, and Common Pleas Court Judge Brendan Sheehan. All three candidates won their elections in November 2008. Bacon asked Russo if, in return for his extraordinary campaign help, he expected Sheehan to answer his phone calls and perform legal favors in court cases such as prosecutors contend Terry performed for Russo.

"After all the help I gave him, yes I would have," Russo responded."
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This is stomach turning stuff. 

Judge Sheehan, referred to in the testimony, is according to lawyer friends, himself an outstanding lawyer, former prosecutor and apparently former bailiff to US District Judge Donald Nugent.  U.S. District Judge Donald Nugent is also a former Cuyahoga County Common Pleas judge as well as a former major crimes prosecutor in Cuyahoga County.  Nothing in this testimony apart from Russo's belief that Judge Sheehan was beholden to him, implicates Judge Sheehan in corruption.  But you can see,  it's one of the wrinkles in this sordid tale that a good and decent judge's reputation can be sullied in the political corruption connected to selection and election of judges when the process is corrupt.

Overnight, Plain Dealer reporter McCarty added the following details.  When asked whether there were other Common Pleas judges Auditor Russo felt he could "influence" he nonchantly responed: mmmm, yeah probably ten.  That would be 10 Common Pleas Judges out of some 30 sitting judges in Ohio's largest county. 

And as to Judge Terry's denial of the motion for summary judgment that's at the heart of the trial, the AUSA elicited testimony from Judge Terry's "Magistrate" (these folks were formerly called "staff attorneys" an served in the role of "law clerk")--as follows:

"Terry’s former magistrate, Monica Klein, testified later that she was surprised when the judge ordered her to deny the motion without providing any explanation for his decision and without even looking at the court file, which she had kept in her office.


'I had never had a request or a conversation with a judge like this ever before,'  Klein said. 'It was strange.'”
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NO, if true,  it was corrupt.

Lawyer Laundry Operations in Ohio

According to the Associated Press, two Columbus, Ohio-area lawyers will enter guilty pleas to money laundering charges as the outcome of a major drug smuggling ring that engaaged in transporting drugs from Arizona into Ohio.  I'm sure there will be updates to this tale of attorneys gone criminal, but the time being here's the link to the initial story on these two crooks.  Charles W. McGowan, 41, and Kyle Hunter, 40, are expected to enter their guilty pleas to charges of laundering money for "the Donald Dailey Jr. Drug Ring" on Jan. 6.  They are looking at serious prison time. 

Explanation:  these are lawyers who got involved with Donald Dailey, Jr. who was making so much money from importing drugs into Ohio that he had to find a way to convert his ill-gotten gains into usable cash.  These attorneys provided that process through their IOLTA accounts or sham businesses.  In either event the attorneys became active participants in the drug-running schemes.

 A month or so ago someone sent me a link to the story of a Akron-area attorney, Frank Pignatelli with a similar situation.  Cleveland.com reports that Pignatelli who was doing the same thing as McGowan and Hunter was sentenced to 16 months.  I didn't use the item, then; but a pattern seems to be emerging makin git comment worthy--the recession seems to have Ohio lawyers scrambling for green.

The Tomato King Takes a Fall

The Tomato King, California agribusiness executive Frederick Scott Salyer, is facing federal racketeering charges in connection with his company SK Foods which supplies 14% of the tomatoes nationally.  Salyer was arrested after returning form overseas in February and his lawyers have been trying unsuccessfully to obtain bond for him.

This stomach-turning multi-part story is at the Sacramento Bee website.  At the link all of Sac Bee's articles on Salyer can be found. Make sure you aren't about to sitdown to eat before you explore the details.  Apparently adulterated tomatoes and tomato products have found their way into the foodchain nationally through the efforts of Salyer and his food processing chums (9 other food execs have entered guilty pleas.)  Salyer, et al. have been involved in international skullduggery, bribery and assorted crimes.  According to investigators the schemes were designed to allow SK Foods to pass off moldy and tainted tomatoes.  Yum.

Salyer's incarcerated because all indications were that he was cutting his ties to Monterrey, California where SK Foods has its offices.  He had emptied out his Pebble Beach mansion and scouting new digs in a country without extradition treaties with the US.  Salyer's lawyers deny this characterization of his intentions and are point out that he is a multi-national CEO. 

Drunk Driving Costs an Ohio Legislator His Job?

Idaho Sen. McGee



I read, or scan anywhere from 100-150 local news websites everyday, thus I see certain patterns in the stories and specific trends emerge.  For a while, there were tons of child porn prosecutions, child abuse and neglect stories, police misconduct, Ponzi schemes, in the spring and summer bicycle fatalities--right now there is a remarkable predominance of stories of public officials and drunk driving.  Yesterday, I featured the story of the Texas Assistant District Attorney who resigned after a drunk boating arrest.  The beleaguered Bronx assistant prosecutor, Jennifer Troiano was back in the news as the poster girl for favoritism in the NYC tabloids.  An Idaho republican senator, John McGee (pic) who stole a neighbors' Ford SUV and crashed it into a immovable object after a bizarre night of drinking got a misdemeanor plea deal and looks like he's getting a second chance at his political career with a misdemeanor plea deal and kind words from the sentencing judge.





Jennifer Troiano

But Ohio Rep. Robert Mecklenborg (pic, below right), a right wing and right to life zealot is being kicked to the curb for a DUI according to an article at the Columbus Dispatch.  As a commentator said yesterday, in each case there is more.  There is always more.  Let's see if we can figure out why Mecklenborg is losing his seat.  This is an excerpt from the Columbus Dispatch article:

The House speaker says a Cincinnati Republican who went through an embarrassing drunken-driving arrest and did not tell leadership about the incident until it became public should resign from his seat soon.

Speaker William G. Batchelder, R-Medina, has said he holds Rep. Robert Mecklenborg in high regard for his legislative work, but he added yesterday: "I don't think he'll come back to the capitol building."

Mecklenborg, 59, was arrested in April in Indiana on a DUI charge by an Indiana state trooper. The three-term lawmaker refused to blow into an alcohol-detection machine, and a dashboard camera video shows him repeatedly telling the trooper that he had not had anything to drink, even as he failed three sobriety tests.  A blood test later registered his blood-alcohol content at 0.097 percent, above the 0.08 percent level at which a driver in Indiana is considered to be drunk - the same as in Ohio. Mecklenborg, who is married, also had a younger female passenger [ a stripper that he took to a local Burger King] in the car, and his blood contained Viagra.



Rep. Robert Mecklenborg

Mike Dittoe, spokesman for Batchelder, said the speaker will continue to work with Mecklenborg on a timeline for his resignation [. . . ] Batchelder said Mecklenborg is getting treatment, but he didn't specify for what purpose.

Earlier yesterday, Ohio Democratic Chairman Chris Redfern called on Mecklenborg to resign, saying he endangered the lives of his female passenger and the public when he drove intoxicated.

"I believe Rep. Mecklenborg showed a disregard for his family and the constituents he is supposed to represent. He failed them. It is time for him to go," Redfern said in a statement.
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Robert Mecklenborg, a trial lawyer (which he tells the arresting officer in the video at the link) in addition to being a legislator, climbed out on that whole family values limb.  He was an outspoken advocate of recent (probably unconstitutional) restrictive Ohio abortion legislation.  It's hypocrisy, not alcoholism or drunk driving claiming Mecklenborg's public service career.  One local blogger titles a recent post about Mecklenborg abortion posturing and DUI arrest, "If Fetuses Were Able to Take Strippers to Burger King..." Politically, all sorts of shenanigans can be survived.  Hell, in Louisiana, the 4-term ex-governor and felon, Edwin Edwards is being feted all over Louisiana media.  But you politically can't survive hypocrisy.

Killer Cop, Tax Cheat Gets 10 Years!

The Minneapolis Star-Tribune has this jaw-dropping report on a really bad cop, a crooked cop.  Douglas Earl Leiter is going to jail for 10 years after being caught in running an elaborate tax scam that ensnared a number of co-defendants who are also going to prison for some time.  If this were just about tax cheats, it wouldn't be "blawg"-worthy, but Leiter was a real Bad Cop.  Here's the account by Paul Walsh:

"Mark David Maxwell, 54, of Minneapolis, was sentenced Thursday in federal court in St. Paul to five years and nine months in prison on one count of conspiracy to defraud the IRS.

The sentences for the others: the former officer, Douglas Earl Leiter, 42, of Minneapolis, 10 years, one month; Brian Keith Scott, 44, of Zimmerman, six years, six months; Christopher Craig Robinson, 37, of Plymouth, one year, eight months; Timothy Paul McCarthy, 63, of Minneapolis, four years, four months; and Laurie Therese Brausen, 53, of Little Canada, six months.

Leiter was regarded as the lead defendant in the case. He and several others founded a group called Common Law Venue, which the IRS said ran schemes that taught clients how to evade taxes by filing bogus trust tax returns or claiming phony "miscellaneous" deductions or setting up shadow corporations and nonprofit 'clubs.'

In 2003, the IRS moved to collect $10,000 in back taxes and fees from Leiter. A federal grand jury indicted him and several others in August 2008.  In a 1998 high-speed chase, Leiter's squad car struck a pickup truck and killed two people. He was charged with two misdemeanors but not convicted. The victims' families each received a $300,000 settlement from the city.

In 2001, Leiter was suspended for 60 hours in connection with an off-duty search for records regarding co-defendant McCarthy, his one-time housemate and former priest who had been accused of criminal sexual contact with an inmate at the Hennepin County juvenile jail.
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This ex-cop should be out and about by the time he marks his 50th birthday.  Plenty of time for more mayhem.

Years ago I represented a bunch of working stiffs who had were ripped off by a tax preparer.  This was near the end of the day and age when manufacturing jobs abounded.  As this tax preparer went through the financial information of these blue collar guys he would tell them that he could save them money on their taxes based on charitable deductions these guys had not made, then he would tap the top of a file cabinet in his office and would wink at these schmoes and say--"I have all your receipts in here."  Worse, he'd see their 1099s and suggest that they move their saving to his Gold Mine investments.  It sounds ludicrous now, but this tax thief took these guys for hundreds of thousands of dollars. 

After I got involved, it turned out that this guy had been at it for many years and had robbed many of these auto workers of their life savings.  My clients kept asking me how come I couldn't attach "his gold mines."  They were incredulous when I told them that there was not gold mines.  It seems unreal even after all these years that these men fell for this fraud, but there's a lovely intelligent woman in the office where I currently work who fell for a Ponzi-scheme that is just as absurd on its face.  The Ponzi schemer took in $8 million dollars from working class folks working in and around OurTown for investment in "real estate deed trusts" for properties allegedly being built in and around Phoenix, AZ.  These victims were taken in by a member of their church.  Nice.

Epic Fraudster

Solomon Dwek (pic) is labeled an "epic fraudster" in a Joe Ryan article about corruption for the Star-Ledger.  Dwek, a former rabbinical student, was the tool of the FBI in its New Jersey corruption sting.  Forty-six public officials, including judges, mayors, and others have been caught up in bribery and other federal offenses. 

Dwek came to the attention of the federal authorities as part of their investigation into a $50 million dollar bank fraud.  In exchange for consideration he strapped a small camera around his waist and set up the various persons now on trial in various venues around Jersey. 

Dwek will go down in the annals of legendary crooks for a variety of schemes apart from his sting of others.  It is revealed in testimony at the trial of Ridgefield Mayor Anthony R. Suarez that Dwek arranged to pay the premiums of terminally ill and elderly folks who could not afford life insurance premiums.  When the insured died he and his partners including a Yeshiva (a school) collected the policy.  On cross examination Dwek acknowledged collecting $150,000 from "investing in people's deaths." 

Karma, anyone?

Leland Beasley Is a Piece of Crap, but....

Seriously, Leland Beasley (pic) is a piece of crap.  He is guilty of producing child porn which means he turned at least 10 children into his victims. Beasley is garbage.  But please explain how it is that a federal judge justifies giving him a sentence of 290 years in prison?  Here's Kristin Gosling's local account for KDSK:

The largest sentence ever imposed in the Eastern District of Missouri came down against a child pornography producer.  The U.S. Attorney's Office said Leland Beasley was sentenced to 3480 months in prison, which is more than 290 years.

At his jury trial in April, Beasley was found guilty of 10 counts of production of child pornography and two counts of possession of child pornography. The ten counts of production involve 10 different victims.

According to testimony presented at trial, Beasley owned and operated video gaming businesses called Gamestation Sector 19, located on Lemay Ferry Road in St. Louis County. Several of the victims were molested by Beasley and videotaped at this business.

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Any long time follower or reader of this blawg knows the Bad Lawyer earned his props going after pedophiles, what I want to know is why are absurd sentences being handed out.  We get it.  This man is a beast.  But isn't a life sentence or one just short of his life expectancy, if he can stay alive as an SO in prison--sufficient to send the message?  We are entering an era of science fiction in some of the sentencing schemes.

Fickle Finger of Fate--Cuyahoga County Prosecutor Bill Mason

Actually it was "the Flying Fickle Finger of Fate" an award (pic) given by Rowan and Martin on the 60's television show Laugh-In.  According to TV Acres.com: 

"Flying Fickle Finger of Fate Award - Called the Rigid Digit, the Winged Weenie, Wonderful Wiggler, Friendly Phlange, and the Nifty Knuckle, this weekly satirical award was presented by comedians Dan Rowan and Dick Martin on the weekly comedy variety series ROWAN & MARTIN'S LAUGH-IN/NBC/1968-73 for the dumbest/craziest news item of the week. Gold/Silver in color, the award was a "hand" mounted on a trophy base. Its index finger adorned with two small wings rotated in a 'Whoopee!' circular motion. Recipients of this 'uncoveted' award included then Los Angeles Chief of Police, Ed Davis who suggested that 'gallows' be put in all airports for the hijackers so they could be hung on the spot; the City of Cleveland for their Cuyahoga River (It caught fire due to its high pollution levels); and a Wonderful Wiggler went to William F. Buckley for his philosophy 'Never clarify tomorrow, what you can obscure today.' Top awards went to the Pentagon. They won five times."

As readers of the Bad Lawyer blawg, one of the themes of this journal is the fickle nature of justice, and as I read accounts of "justice," more often injustice I am struck by the sheer randomness of crime and punishment.  You would think a 55 year old, 28 year veteran lawyer would be cynical enough to let it all roll off his back, but you must bear in mind that I am a Bad Lawyer.  I still struggle to find some sort of narrative to make sense of it all. 

This morning my pal, rightwing Chuck the retired tax-denier, sent me a link to the Cleveland Plain Dealer article about the county prosecutor, Bill Mason.  This crime fighter, according to accounts from local attorneys told his high school classmates he planned to be President of the United States by age 50, apparently it's not working out.  Mason enjoyed a run of luck, though, succeeding the legendary late-Stephanie Tubbs Jones, who vaulted from the county prosecutor's position to Congress succeeding longtime civil rights pioneer Lousi Stokes, brother of Carl Stokes, the first Black Mayor of a major American city which Cleveland was in the 1960s.  All of this is by way of digression,--but it does indicate that there was a path available to Mason if he was good prosecutor.  But our man Mason fell in with a bad crowd, a county bribery and corruption scandal involving his closest political allies is dragging the blue-eyed wanna-be-president-of-the-united-states down.

I don't know Mason, personally, but a Judge I know related to me how he, the Judge,  had won the endorsement of his political party for higher office and was ORDERED by Mason, and his corrupt political cronies to stand down from the office the Judge aspired to, in favor of someone clearly less qualified but someone more politically important to Mason, et al.   Mason threatened the Judge with the promise that his political life would be turned into a living hell if he did not comply.  The Judge refused to stand down, and the position was snatched from him anyway. 

Mason also has been known to do the bidding of the corrupt former Sheriff.  There are well-documented instances where Mason prosecuted fabricated felonious accusations against lawyers involved in security scuffles identical to the ones discussed here, where ill-trained security officers of the corrupt Sheriff claim non-existent injuries after pounding the snot and pepper spraying  a lawyer. The lawyer who objected to the rude treatment of citizens entering and exiting the Justice Center where Mason and the disgraced sheriff have/had their offices.  

Mason was also behind the indictment of a Cleveland-area mother and father of the "special education" student-football captain who was raped by a local female teacher--the parents obtained and turned over evidence including digital photos taken by the kids who were having sex with the teacher.  The parents' crime? They were indicted for posession of child porn while the charges were ultimately dismissed the parent-victims ended up paying attorney fees and were required to enter a diversionary program!  What outcome did the school teacher, "star" of the child porn images get?  Count 'em, three days in jail.  Good job, Prosecutor Mason! 

Mason is one of those lawmen like Sheriff Joe Arpaio. Mason runs an operation more notable for its public relations claims than for actual achievement unless you count his striking blindness or indifference to the pay-for-play operation run by his foolish friends who are all headed to federal lock-up.  One of the mysteries of the scandals in Cleveland was how Mason seemed to have a teflon like quality as all around him, others were being indicted, charged, targeted in lengthy federal charges as the subject of the bribery schemes.  Part of what was going on was a changeover in journalism in Cleveland.  The Plain Dealer transformed itself into a serious muckracking enterprise with a laser-like focus on the things that matter, or should matter to the citizens of northeastern Ohio. 

Mason and a drinking buddy were recently pulled over for drunk driving.  The cops cut these guys a major break, a break they would not cut you or me.  Mason's buddy, a Cleveland-area politician was intoxicated and driving.  Mason, the passenger, was given a free pass.

Mason appears to be in the media cross-hairs, and in large part it's largely because of thieving lawyers.  The Plain Dealer piece by Mark Puente relates how Mason apparently has a pattern of willful ignorance where it comes to corruption.  Not only does Mason not see, hear, smell or speak it when it involves County Commissioners, political bosses, County Recorders, of his own political-persuasion--it doesn't occur to Mr. Mason to prosecute a former associate, the lawyer-pal who steals $300,000, from a client--while a laundry list of relative petty thefts by other lawyers land those lawyers in prison.  Some pay, some pay all, some pay nothing. 
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My friend Gayle after reading this blawg suggested that I read, Heinrich Von Kleist's Michael Kohlhaas.  The 1811 novella was an apt recommendation.  Kohlhaas is an upright citizen, a successful horse dealer by trade, and someone who readily embraces the law.  One day Kohlhaas is in transit with two beautiful black horses he intends to sell in Dresden.  He is waylaid at a minor aristocrat's property by a demand for a toll and a permit that had not been required of him previously.  What ensues is a legal nightmare. The denial of any justice including "a justice center scuffle" fataling injuring Frau Kohlhaas ultimately drives Kohlhaas to armed insurrection. 

My mocking tone about fickle finger of fate, is to highlight the argument that the reason for law is the need for certainty, or, at least predictablity in human affairs.  We all need to know what the rules are, we all need to know and agree what our rights are, and we all need to agree what the consequences, leavened with mercy--should be.  When public officials like Bill Mason use their very powerful offices to favor friends, and enable injustice--they degrade respect for the law, for justice.  ENOUGH!

Oh,  it does seem that the Flying Fickle Finger of Fate has finally found a worthy honoree.