After 15 Disciplinary Actions, Is Robert Slameka a Bad or Good Lawyer?

Reporter Joe Swickard at the Detroit Free Press has this profile of Detroit attorney Robert Slamka, the subject of much official and unofficial scrutiny.   Somehow despite 15 separate disciplinary actions resulting in admonishments and reprimands, but he has never been suspended and the Courts keep referring cases to him for representation of indigent locals. Here's an excerpt from Swickard's story:

Attorney Robert Slameka (pic) has amassed quite a record: He has been admonished 11 times, reprimanded four times and had a client's conviction overturned because of his poor performance.

And the record could get worse: The state's Attorney Grievance Commission is prosecuting him on charges that he improperly revealed a client's purported confession when the man tried to back out of a plea deal in 2007.  He was tried on those charges in May and written arguments are due this month. There is no timetable for a decision. If he is found in violation of professional rules, Slameka could be reprimanded again or have his license suspended.

Slameka's 42-year legal record stands out among Michigan lawyers. A review of Attorney Disciplinary Board records shows only four other lawyers in the state have been reprimanded as many times as Slameka, but three of them also have been suspended.

"Its inexplicable how (Slameka) has avoided having his license suspended," said Larry Dubin, a University of Detroit Mercy law professor and ethics expert who helped set up the state's system for policing attorneys.

Slameka repeatedly declined to speak to the Free Press about his past troubles, the current complaint -- which he briefly described as "political in nature;" retribution for a more than two-decade-old murder case -- or the impact of a 2009 National Public Radio report that made him the face of bad court-appointed lawyers: "A lot of lawyers in Detroit say if you want to see what's wrong with this country's public defender system, just take a look at Bob Slameka: He has gotten into trouble a lot during his 40 years as a public defender, but the county still appoints him to cases."

Slameka's lawyer, Thomas Loeb, said that "four reprimands in 42 years of practice doesn't trouble me at all."

He added that two reprimands dealing with clients' fees probably wouldn't be problematic under recent court rulings. Loeb said Slameka is a solid attorney often dealing with difficult clients in serious trouble.  "He's a good guy," Loeb said. "He knows (criminal) court as well as anyone else." [ . . . ]
A private attorney, Slameka remains on Wayne County's list of lawyers eligible to be appointed to represent indigent clients because the sheer amount of cases moving through the county's criminal justice system far outpaces the number of public defenders, and each defendant is entitled to counsel.

The standards aren't stringent. To be on the list, a lawyer has to be a member in good standing of the state bar and Wayne County criminal bar associations, attend ongoing education programs and have an office in Wayne County, said the county's Presiding Circuit Judge Timothy Kenny. [ . . . ]
Attorney Grievance Administrator Robert Agacinski chalked up part of Slameka's woes to his caseload and longevity, saying a busy criminal defense lawyer can get many complaints from unhappy convicted clients. And recently retired Wayne County Assistant Prosecutor Augustus Hutting stuck up for Slameka: "He's straight to his word. In 15 years, I've never had a problem with Bob."

Hutting said Slameka can size up a case quickly and cut a realistic deal when necessary. The brusqueness, he said, may seem insensitive or cold to someone expecting a table-thumping shouter. But Hutting said he has never seen Slameka act contrary to his client's interests.
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The real question is whether Slameka's clients receive adequate representation and whether those who are convicted can automatically claim ineffective assistance of counsel based on this track record.  You see the problem?

Peeping Tom Lawyer Pleads to Misdemeanor

SignonSanDiego.com is reporting that an Escondido attorney entered a guilty to a misdemeanor peeping tom charge relating to a secretly filming women at a tanning salon.  Nice.  This is the news account of the plea deal.

A North County defense attorney pleaded guilty Monday to misdemeanor charges stemming from his secret filming of women at an Escondido tanning salon last year.  As part of his probationary sentence, David Taylor Kaye will be required to attend sex offender treatment and stay away from tanning salons and cannot possess pornography, said Deputy District Attorney Annette Irving.

Kaye, 43, pleaded guilty to two misdemeanor counts each of peeking through a private area and secretly filming another individual, the prosecutor said. Formal sentencing is set for Aug. 11.

Kaye was the subject of a 10-month investigation that started when he was seen secretly filming women in various stages of undress at a local tanning salon.

He was arrested on April 19, 2010, and charged with four misdemeanor counts of secretly filming a person, said Escondido police Lt. Craig Carter.  Last July, Escondido police served a search warrant at Kaye's house and business and recovered additional evidence on Kaye's computers and phones that led to additional charges, the lieutenant said.
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At the link, Mr. Kaye's snazzy website.

Cincinnati Enquirer: What Chesley Stands to Lose

The Cincinnati Enquirer offers its view of what Stanley Chesley stands to lose.

I find this article extremely beside the point.  Whatever Chesley stands to lose, he's already lost it.  Money? Chesley has so much that it's superfluous whether he gives up millions as ordered by the Kentucky Bar authorities.  Reputation?  Already gone.  Influence? Now this is where the Enquirer seems to be casting its eye--Chesley having long been a Democratic player, an FOB (friend of Bill.)  President Clinton appointed Chesley's wife Susan Dlott to a U.S. District judge slot.  Chesley made former Ohio Treasurer,  Cincinnati-area prosecutor, and  Republican operative, Joe Deters, a law partner. But as we saw last week, that was no prophylactic to loss of Ohio's Class Action business.  So reporters Jim Hannah and Dan Horn at the Enquirer think Chesley stands to lose political clout.  Or maybe influence in Jewish or charitable circles.

A friend standing over my shoulder while I write this says Chesley should go to prison.  My friend, a noted Class action lawyer in his own right, says Chesley should lose his freedom.  Chesley participated in a criminal venture that stole millions from clients--amazingly the recommendation of the Kentucky Bar authorities is that Chesley should only disgorge a relatively small portion of the fees he and his conspirators claimed as a part of this heist.

What does Chesley stand to lose?  Who cares.  What did the legal and client community lose by Chesley's crime?  A champion, a hero, some one who symbolically stood for little guys against corporate culture of greed and negligence.

Lawyers: Do Not Threaten to Turn Your Clients Into Popsicles

The Legal Profession blawg leads with the story of the Joseph Martin, an Illinois attorney and lobbyist for native American tribes, disciplined after threatening to violently turn a client's representative into a popsicle.  Here's Mike Frisch's account:

During the Tribal Council meeting [ed. the lawyer is the legislative lobbyist for the tribal council, Attorney Martin] entered the meeting room and inquired about the nature of the Tribal Council's discussions.

Upon learning that the discussions pertained to who had authority to terminate [Martin's] employment contract, Respondent [Martin] told the Tribal Council that he would sue them if his employment contract was terminated.

When Norbert Kelsey, one of the Tribal Council members, expressed concern to Respondent regarding Respondent's threat to file a suit against the LRBOI, Respondent referred to Councilman Kelsey as a "joke."

After Councilman Kelsey left the room, [Mr. Martin] made the following statements to the remaining Tribal Council Members about Councilman Kelsey:

"I will fucking kill that god damn pervert. I will kill him. If he thinks I won't I'll take that fucking cane of his and shove it right up his ass. Make him into a popsicle. I'm sick of his shit. Questioning me saying I was a token at Northwestern...

I'll kill his ass."
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For this, Martin receives only a reprimand.  Pretty sweet.

Stabby Former Tempe, AZ Attorney Off to Prison

A report at AZCentral.com relates the disposition of the manslaughter conviction of former Tempe Prosecutor Daniel Gukieson (mugshot:)

[F]ormer Tempe attorney [Daniel Gukeisen] was sentenced Monday to five years in prison in the fatal 2009 stabbing of a 22-year-old college student, according to Maricopa County Superior Court spokesman Vincent Funari.

Judge Cari Harrison sentenced Daniel Gukeisen, 39, to prison for non-dangerous manslaughter.

Gukeisen was found guilty in April for stabbing Arizona State University student Garret Hohn after an argument broke out between the two in front of Gukeisen's Tempe townhouse in September 2009.

Hohn and a friend were walking on First Street in Tempe about 2 a.m. on Sept. 26, 2009. Gukeisen, who had been a prosecutor in South Dakota but had a bankruptcy-law practice in Tempe, confronted the two for making noise. When the quarrel escalated, Gukeisen came out onto the street, and the two men fought. Hohn fell to the ground with a stab wound. He died at a nearby hospital 45 minutes later.

The two parties did not appear to know each other, police said[.]"
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Amazing, huh?

Felon Lawyer Pleads No Contest to Manslaughter in Deer Hunter's Slaying

Larry King (no, not that one) a reporter at the Philadelphia Inquirer has the story of the lawyer who killed a fellow hunter he mistook for deer,  An excerpt from King's account follows:

"Montgomery County lawyer David Manilla (pic, right) has agreed to plead guilty to firearms charges and to plead no contest to manslaughter in the Nov. 29 shooting death of fellow deer hunter Barry Groh (pic, left) near Quakertown.

Manilla, 50, of Worcester, is in the process of entering the pleas this afternoon in Bucks County Court to one misdemeanor count of involuntary manslaughter and two felony counts of illegally possessing firearms. If the plea is finalized and accepted by Judge Albert J. Cepparulo, a sentencing date will be set.

The charges carry a combined maximum sentence of 25 years in prison.  [ . . . ]

Manilla has acknowledged fatally shooting Groh, 52, while hunting in Richland Township. He told police he had mistaken Groh for a deer when he shot the married father of two through the heart with a high-powered rifle. Groh's survivors, who along with Manilla's family packed the courtroom this morning, are suing the lawyer for wrongful death damages in civil court. [ . . . ] The felony firearms charges were filed because Manilla was prohibited by law from having a gun. That's because he has a felony record, having been convicted of aggravated assault for clubbing a man in the head with a weightlifting bar in the 1980s.

Not only did Manilla continue to hunt for years in several states, authorities say, he kept dozens of guns at the Montgomery County home he shared with his elderly mother. Federal authorities are investigating additional firearms charges involving those guns, prosecutors have said.

Manilla also agreed to plead guilty to several hunting violations, including the illegaal use of a high-powered rifle for hunting in Bucks County. The county is one of several heavily populated areas in Pennsylvania where shotguns and muzzleloaders are allowed for deer hunting. [ . . . ]"
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Get that, the LAWYER is a felon but kept doing the whole gun thing.  Great.  So how did he get a law license or keep his law license after nearly beating a guy to death with a weightlifting bar?

Apparently, Manilla who was a DUI attorney in Valley Forge, Pa also had a recent shoplifting conviction.  What a guy.

Drunk Lawyers in the News--Sleeping In Court Is No Way to Build a Practice

Scott Margherio is out of jail and on his way to some serious disciplinary problems with the Illinois Bar if not outright loss of license.  Margherio, according to a Complaint by the Illinois disciplinary authorities showed up for court blitzed and after lying to the judge about his state of inebriation, ended up in jail.  What follows is from the complaint (via the Legal Profession blawg):

"At approximately 9:00 a.m., on [Friday] October 1, 2010, [attorney Margherio] appeared in the circuit court of Hardin County, Illinois, with the intention of entering his appearance for a defendant in a criminal case.   [ . . . ] When [Mr. Margherio] entered the courtroom, he smelled of alcohol. While waiting for the defendant’s case to be called, Respondent slept at counsel table and then staggered when called to the bench by the presiding judge, the Honorable Paul Lamar.

[ . . . ] Judge Lamar questioned [Mr. Margherio]  about his alcohol use and Respondent denied using alcohol that morning. Respondent agreed to submit to a Breath Alcohol Content ("BAC") test, which showed a breath alcohol content of .06.

[ . . . ] Judge Lamar subsequently held a contempt hearing and found Respondent in direct criminal contempt. The judge sentenced Respondent to be held in the Hardin County jail until Monday, October 4, 2010, at 10:00 a.m. The judge subsequently modified the contempt order to allow Respondent to be released on Sunday, October 3, 2010, at 4:00 p.m."
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The ethics complaint against Margherio (at the link his website) also alleges that he lied on his Application to take the Illinois Bar Exam by failing to disclose a DUI conviction.  If sustained this latter "count" will probably cost Margherio his law license under the character and fitness requirements of the the state.  Although in OurCounty there is a sitting judge and former flame-throwing prosecutor who long ago was revealed to have done precisely the same thing.  Different era, I guess.

Oh, No--Fraudulently Hiding Your Marital Assets During Your Divorce Has Nothing to Do With Your Character and Fitness to Practice Law



Kantro is the guy on the right



The ABAJournal had a link to this story from reporter Louis Hansen at PilotOnline.com about a now-disbarred Norfolk, Virginia lawyer:

"A three-judge panel has revoked the license of a Norfolk lawyer for misconduct during his personal divorce case.  The panel found that Mark Kantro hid $161,000 in income from his former wife during their divorce, according to civil court records.

Allan Zaleski, a lawyer for Kantro, said he planned to appeal.  The discipline is unusual because the facts related to the revocation are from a personal divorce, not mishandling a client's case, Zaleski said.  'This had nothing to do with his performance' as a lawyer, Zaleski said. [ . . . ]

Kantro received $161,000 payment for legal fees in January 2005 and gave $150,000 to his mother to open an account under her name, court records state. Although he was legally required to disclose the income in the divorce, he did not for more than two years, court records state.

The panel found Kantro violated eight rules of conduct and revoked his license. He may apply for reinstatement with the Virginia Supreme Court in five years, according to the state bar spokesman.

A state bar committee investigated the case.  Kantro has an office in Norfolk and practices criminal and civil law."
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Disbarment in Virginia is a mandatory 5 year suspension at which time, Kantro can apply for reinstatement.  The Virginia authorities give him until June to wind up his practice.

Florida DUI Attorney An Unnatural Disaster

Destin, Florida (the Panhandle) DUI "Barrister" R. Scott Whitehead who is completing a 21 month sentence for multiple DUIs involving collisions, is probably not going anywhere fast.  This is and excerpt from reporter Tom McLaughlin's piece for the Panama City News Herald:

"Destin attorney R. Scott Whitehead, who is serving a 21-month sentence for several alcohol-related violations, was charged Monday with racketeering.  [ed. He is scheduled to be released May 26.]
[ . . . ]A news release sent out by the State Attorney’s Office said Whitehead was charged with 'aggravated white collar crime and racketeering' — both first-degree felonies.  It said that from 2005 through 2010, Whitehead 'illegally obtained hundreds of thousands of dollars from dozens of his former clients.'

It said Whitehead lied to clients, billed them for services he didn’t render and made unauthorized charges on their credit cards.  An addendum of probable cause for the arrest indicates investigators found at least 27 people who claimed to be victims of Whitehead’s crimes.

One woman claimed she lost custody of her child due to Whitehead’s lack of attention to her case. Kye Lin, owner of The Shanghai restaurant in Niceville, claims to have lost more than $50,000.

Summer Suggs told authorities she hired Whitehead to assist her in a child custody case. The probable cause affidavit states she paid the attorney $8,000 and he 'promised that custody would be reversed.'  Suggs told investigators that Whitehead failed to return phone calls and 'appeared high, sweating and belligerent' at court appearances and meetings.
[In the restaurant case, Whitehead got ahold of the client's credit card information and ] as her case progressed, Ms. Lin noticed numerous credit card charges were transacted on from her credit card accounts by Mr. Whitehead … the total unauthorized charges exceed $50,000,' the report said.  Lin said the charges on her card were unauthorized and, when she asked Whitehead for reimbursement, he told her 'the insurance company would reimburse her.' [ . . . ]  The state attorney trying the case in question vouched [ed. you've got to be kidding!] for Whitehead’s character, the affidavit stated.  [ . . . ]

Whitehead has been in jail since October 2010, when County Judge T. Patterson Maney added an additional nine months to a 12-month sentence because probation officers reported he’d failed to submit to an alcohol test. [. . . ]

It started when he was arrested twice in an eight-day period in 2009 for leaving the scene of an accident, speeding, driving with a suspended license and DUI.

He violated his probation on those charges when he was arrested for criminal mischief in August 2009.  He was arrested again in May 2010 for violating his probation. He entered the home of man who didn't know him and asked about a woman named “Becky” or “Barbara.”

A sheriff's deputy reported at the time of the last arrest that Whitehead appeared intoxicated and urinated on himself [ed. nice detail.]  If convicted of the racketeering and aggravated white collar crime charges, Whitehead faces up to 60 years in prison, the State Attorney’s Office news release states."
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The Alcoholic Anonymous "Big Book" says that alcoholism, the disease, operates like a tornado in our lives and the lives of those we touch, our friends and family.  I don't know if Whitehead is an alcoholic, but he sure was a tornado in the lives of his clients.

"Yeah, Just Send Over a Check!"

The invaluable Law Profession blawg has the Commonwealth of Pennsylvania's disbarment of Paul Wayne Shoup, an attorney who was working for a tax organization.  According to the opinion, attorney Shoup made a remarkable discovery:  "that the Montgomery County [Maryland] Treasury Office website could be easily searched for companies due tax refunds [...  Attorney Shoup] began stealing the unauthorized real property tax refund checks simply by contacting the Montgomery County Treasury Office and requesting that a refund check be mailed out."

Mr. Shoup stole half a million dollars using this technique.  Nice.

Shoup who paid restitution was subsequently sentenced to 18 months for felony theft.

Alleged Gangster NJ Lawyer Trial Set for October

Ted Sherman at the NJ Star Ledger reports that the long-awaited trial of former high-profile Newark lawyer Paul Bergrin (pic) is now set for October 11, 2011.  What follows is from Sherman's piece on Bergrin: 

Paul Bergrin, the once-prominent Newark lawyer facing charges ranging from murder-for-hire to running of high-end call girl operation, got a new trial date today after a federal appeals court reinstated racketeering charges against him.


Held without bail since his arrest, Bergrin sat impassively in blue prison scrubs and shackles as U.S. District Judge William Martini in Newark said jury selection in the case, long delayed by appeals, would start Oct. 11.

Bergrin, 55, was a former federal prosecutor turned high-profile defense attorney whose clients included entertainers like Queen Latifah and Lil’ Kim, as well as U.S. soldiers accused of war crimes in Iraq.

But in 2009, authorities charged him in a bizarre, sweeping indictment that included accusations of the attempted murder of witnesses, his alleged role in a prostitution ring, mortgage fraud and cocaine distribution.

Prosecutors said Bergrin used his law office like a mob operation. They said he sought to hire a hit man from Chicago to kill at least one witness in a Monmouth County drug case he was handling. He was also charged with conspiring to murder an FBI informant who was supposed to testify against another one of Bergrin’s clients — many of whom were drug dealers and gang members.

Several of those charged with Bergrin have quietly pleaded guilty and implicated him in court proceedings. Last August, another lawyer charged in the case, Thomas Moran, admitted he helped run Bergrin’s operation, which authorities say also involved mortgage fraud and drug-running.  And in October, Vicente Esteves, a Monmouth County cocaine trafficker, pleaded guilty as well and claimed he conspired with Bergrin to murder a witness.  Those cases were not publicized by the U.S. Attorney’s office, generating speculation Moran and Esteves may now be cooperating with the government. The U.S. Attorney’s office has declined to comment about the cases.

Last year, [Judge] Martini dismissed the racketeering charges against Bergrin.

'There is little on the face of the indictment demonstrating relatedness among the varied white-collar frauds and street crimes offered by the government,' Martini wrote, finding the charges were not the work of one coordinated enterprise.  But the U.S. Attorney’s office challenged the ruling and earlier this month, the U.S. 3rd Circuit Court of Appeals reinstated the racketeering charges. Bergrin’s attorney, Lawrence S. Lustberg, said he is seeking a review of the decision.
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Simple Justice blawger, Scott H. Greenfield commented yesterday at Bad Lawyer on how it is that a federal judge can reasonably reject a plea deal as being too lenient yet remain impartial, a seeming contradiction.  Scott observed that one hoped that the Judge would also remain concerned with governmental overreach in charging a criminal defendant where the Judge found such overreach.  In US v. Bergrin, there is an example of a defendant having the full force and weight of the government come down on him, and a federal judge acting to check charges that go beyond the evidence.  Or so it seems. 

Explainer

Prison was an Orwellian, cultural, adventure.

 Like many semi-literate schmucks who undergo this experience I think it was endlessly fascinating; of course, every Tom, Dick and Mary seem to believe that they have a brilliant book in them based on prison adventures.  We probably have O. Henry or Dumas to blame for this impulse or example or whatever.   I personally doubt that I have much to add to this literary canon.  Regardless, I plan to write about the last 5 months and I'm actually working on some posts based on various facets of being a white collar criminal elite.  My mocking tone or words should not be confused with the reality which was prison is stultifying.  My thoughts are with the men and women who are still in custody in prisons in America.  Believe it or not, there are many fine people, some of them real crooks--doing time.  I want to examine the widely-held assumption that prison serves a functional purpose from my Bad Lawyer perspective. 

Keeping watching this space.  I'll show you my tats.

Hennepin County Attorney-Pimp, uh, That's a Disbarment

The ABAJournal.com is carrying a follow-up to a story I covered over the sumer.  A Hennepin County (Minneapolis) attorney has relinquished his license to practice law after his arrrest on charges related to running a prostitution ring.  This is the link to the Star Tribune-AP story.

John Paul St. Marie, 66, ran the so-called "nice guy" prostitution operation.  St. Marie's "Johns" were supposedly "clean and affluent."  St. Marie faces 6 felony counts in connection with his non-governmental activities. 

Aaron Biber Update--18-Years for Raping Teen

Former Big Law attorney, president-elect of the Minnesota State Bar Association, and Super Lawyer Aaron Biber was sentenced to 18-years in prison for raping his 15-year old neighbor. 

Here's the story at the Minneapolis Star-Tribune.

This is the link to all the past Bad Lawyer stories on Biber.

Remember Oregon's Wrestling Social Security Lawyer?

I wrote about attorney, Daniel Bernath back in June when an amazing story at the Oregonian caught my eye.  This is the tale of the egomaniac social security disability attorney who got into a wrestling match with a Dan R. Hyatt, a social security judge while the two stood awaiting an elevator.  It goes without saying that there was massive bad blood between these gentlemen.  This is reporter Bryan Denson's follow up:

"A federal magistrate Wednesday ordered Social Security lawyer Daniel A. Bernath to undergo anger-management counseling after an altercation with a judge on a downtown Portland elevator last spring.

U.S. Magistrate Judge Paul J. Papak found Bernath guilty of disorderly conduct for the March 31 dust-up with Dan R. Hyatt, a judge in Social Security's disability hearing office.   Papak dressed Bernath down for his behavior -- such as lampooning Hyatt on his website as a Ku Klux Klansman and behaving like a preschooler fighting for a swing -- and said officers of the court are expected to treat judges with respect.

'This trial,' Papak said, 'is an embarrassment, in my mind.'

The tiff on the lift climaxed a three-year war of words between Bernath, a Tigard attorney who represents clients in disability cases, and Hyatt, one of the judges who hears those claims at the Portland hearing office. Their squabbles -- which include dueling state bar complaints, claims of slander and a $10 million lawsuit -- were chronicled in a July story in The Oregonian.

The spat began in 2007, when Hyatt questioned Bernath's honesty in a disability hearing. The judge felt Bernath lied when he said he'd never been suspended by bar officials in California, where he holds a law license; Hyatt turned over an audio recording of the hearing to an Oregon State Bar investigator.   Bernath filed six bar complaints against the judge, all dismissed. He also sent letters to tax officials that suggested Hyatt had cheated on his taxes. Bernath mailed letters to a slew of lawyers asking for dirt on Hyatt. He posted accusations against the judge -- including claims of cruelty, dishonesty and racism -- on his website: oregonshyster.com.

Only one of the allegations got traction. The CD that Hyatt had given the bar had the Social Security number of a claimant, an invasion of privacy. The agency imposed a four-day suspension on Hyatt, who by then had recused himself from hearing Bernath's cases.

Much of the rancor between the two was recounted during Wednesday's nonjury trial, where each man accused the other of instigating the elevator incident at Duncan Plaza.

Hyatt testified that he refused to permit Bernath to join him on a car heading downstairs because he feared him. The two men clashed at the threshold of the lift in what was described as a loud argument and one or more chest bumps, followed by a swarm of security guards and Bernath's arrest.   After five hours of testimony, Papak sentenced Bernath to a year of probation and required him to pay a $10 court fee, attend anger management and have no contact with Hyatt.

'I hope I don't see any of you in the court again,' he said."
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As I said in June, I can't tell you how many characters I've known over the years like Bernath.  Totally nuts.

Lawyer Schemer, Scammed

The ABAJournal.com tips to this Washington Post article about the Montgomery County malpractice lawyer who was using his IOLTA account to improperly pay bills apparently fervently hoping he could get his bills, his taxes and his clients paid.  Bradley Schwartz's downfall was when he fell for the foreign client "retainer scam."  The way this thing works is that a lawyer receives an unsolicited retainer from a prospective foreign client written on a real check.  The foreign client writes, in effect, I'm owed lots of money from so-and-so will you represent me?  Oh, here's your retainer, a check for a small fortune is enclosed, but I mis-cut this check please deposit and refund $5,000, $10,000.  The idea is the greedy recipient deposits the check and without thinking sends along a check in the requested amount.  It turns out that the "retainer check" is "NSF," but the lawyer's refund check is stolen by the scammer. 

In the case of Bradley Schwartz, the schemer's $325,000 "NSF" check was deposited into a deep, dark hole, and Schwartz who owed clients nearly a $1 million dollars, started writing overdue checks to clients which immediately began bouncing.  This led to a criminal investigation resulted in Schwartz's jailing.  He was sentenced to 5 years, in what the sentencing judge called a tragedy of Shakespearean proportions.  Apparently Judge Salant meant Falstaff, as Mr. Schwartz was living large and gambling the money that did not belong to him. 

Disciplinary Charges in KY Against Stanley Chesley Over Fen-phen Scheme?

The Bad Lawyer blawg previously reported on some of the attorney disbarment and jailing in the aftermath of the Fen-phen class actions and fraud.  In summary, some Kentucky lawyers were involved in attorney fee "enhancements" out of massive amounts of money obtained in class action settlements of the diet drug Fen-phen which was determined to be a risk of cardiac death.  The last Bad Lawyer post in May reported on the jailing of the legendary Kentucky attorney, Melbourne Mills in the multi-million dollar theft of fees and is at the link.

As you will recall, these Kentucky lawyers created an illusory charitable entity in which they diverted most of the class action settlement proceeds that they then personally withdrew millions from without disclosing to their clients.  Another example of unvarnished greed.

The Louisville Courier-Journal reports this morning, that David Helmers, one of the associate attorneys involved in the scandal of thieving class action attorneys is recommended to receive a 5 year suspension of his law license for participating.  But the big story is the revelation that Kentucky is pursuing disciplinary charges against famed, Cincinnati class action attorney Stanley Chesley (pic).

Chesley is famous for his role in the first great mass tort class action, the 1977 Beverly Hills Supper Club fire which resulted in $49 million dollars in verdicts against the entire aluminum wiring industry.  He has won billions--yes with a "b," in the years since.  I've heard Chesley speak many times over the years on various subjects and he was endlessly instructive on how to prepare a case for trial.

Suspended Lawyer Career Change, Bank Robbery

The Milwaukee-Wisconsin Journal-Sentinel is reporting on the suspended lawyer turned bank robber.  Apparently this new career path is working out even less well than his former profession at least in terms of longevity. This is reporter Mike Johnson's report:

"A suspended lawyer awaiting sentencing in federal court for bank fraud for bilking millions from a trust account has been charged with robbing the Town Bank branch in Wales on June 12.  Peter T. Elliott, 62, of Summit is accused of taking $9,516 during the robbery, according to a criminal complaint filed in Waukesha County Circuit Court.

In a separate case, Elliott is charged in Waukesha County with possession of a firearm in a school zone and carrying a concealed weapon. According to criminal complaints filed against him, Elliott was arrested July 22 by a sheriff's deputy who had responded to a call about a suspicious vehicle in a parking lot at Kettle Moraine High School in Wales.

The deputy saw Elliott in the car and believed there was a 'strong possibility'  Elliott was involved in the robbery, court documents state. Elliott looked like the suspect in bank photographs taken on the day of the robbery and Elliott's vehicle matched the description of the car the robber used, records state.  The deputy searched Elliott's vehicle and found a silver handgun in a pouch on the back of the passenger side front seat, according to the complaint.

[ . . . ] Elliott allegedly admitted robbing the bank but said he did not have a gun with him during the heist.  Two bank employees, though, told investigators that Elliott said he had a gun during the robbery, which occurred minutes after noon June 12 at the bank branch on Summit Ave. in Wales.  After taking the money, he told them to lie down and the floor and count to 500, the complaint says. One of the tellers told investigators that Elliott said, 'I have an accomplice watching you from the parking lot. If you try anything, we'll both be back.'

Elliott told investigators robbing the bank was 'quite easy' and that he used $2,600 of the money to get his daughter's vehicle out of hock, the complaint says. He used the rest of the money to pay past due utility bills and for living expenses, the complaint says.

He also told detectives that he had a federal criminal case pending for stealing $2.5 million from a trust account, the complaint says.  In the federal case, Elliott has pleaded guilty to one count of bank fraud and is scheduled to be sentenced on Aug. 25. He faces a maximum prison term of 30 years. Three other bank fraud counts filed against him are expected to be dismissed at sentencing as part of a plea bargain. He was charged in July 2009 in U.S. District Court in Milwaukee.

[ . . . ] Elliott became a lawyer in 1974 and, as part of his practice, maintained an Interest on Lawyers Trust Account at Associated Bank. That is an account in which an attorney holds funds for clients. The funds can be used only by or on behalf of the client.

In the late 1990s, Elliott began to occasionally use the trust account for personal purposes, the document says. Over 10 years, Elliott diverted about $2.5 million out of the trust funds for himself, according to the document, which does not say how the money was spent.  To cover his withdrawals, Elliott operated a check-kiting scheme in which he would write checks from his personal Wells Fargo account and deposit them into the trust account at Associated Bank, the document says.

Elliott would withdraw money out of the trust account for himself and then stop payment on his personal Wells Fargo check, the document says. In four weeks in fall 2008, Elliott deposited and stopped payment on 57 checks totaling $35 million, according to the document. However, Elliott is suspected only of taking $2.5 million for himself.

Elliott's law license was suspended in January by the state Supreme Court after he refused to participate in an investigation by the Office of Lawyer Regulation, according to documents.  In the Waukesha County cases, Elliott appeared in court on Wednesday and asked for a court-appointed attorney. He is scheduled to appear in court again on Aug. 16."
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The check kiting scheme makes my head spin, did Elliot actually have money in the "personal accounts" from which he wrote checks to the IOLTA account?   

Hypocritical Family Value Republicans

The Atlanta Journal-Constitution reports on the Republican candidate for attorney general of Georgia.  Amazingly, this family values conservative was cheating on his wife!  Just imagine, a hypocritical, lying, fraud wanting to be the chief law enforcement official of the State of Georgia.  What a surprise, it's sort of like finding gambling at Ricks' Casablanca Cafe:

"State Sen. Preston Smith (mug shot), a Republican candidate for attorney general, had an extramarital affair with a [young] woman whom he hired to work in his Senate office in 2003 and 2004, according to transcripts of Smith’s testimony in his 2009 divorce. The woman, who also worked on his Senate election campaigns, no longer lives in Georgia.

Copies of depositions from the divorce, in which Smith discussed his infidelity, marital acrimony and the couple’s financial problems, have been sent to media outlets in recent days after Smith came in second in the race for Republican attorney general in the July 20 primary. Former Cobb County Commission Chairman Sam Olens came in first. The runoff election is set for Aug. 10.

Smith, 37, and his campaign did not return repeated calls for comment. Late Wednesday night, the campaign sent an e-mail to The Atlanta Journal-Constitution stating, 'my failed marriage was a complicated and incredibly difficult personal situation that I still live with every day. Without a doubt, I fell short in my personal life by getting a divorce, and people have the right to make a moral judgment on that if they chose.' He went on to say he still felt he was the best man to be Georgia's next attorney general.

The woman whom Smith said he had romantic relations with during his marriage and separation, did not return calls for comment. She now lives in Virginia and is married. Another woman with whom Smith said he was also involved during his separation could not be reached. The AJC has decided not to name the women, as they are not public figures.

Atlanta attorney Charles Medlin, who represented Michelle Smith in the divorce, said his client did not want to discuss the divorce, but Medlin talked about the case and depositions taken before it was settled.

Medlin said his client 'was shocked and hurt' when she first discovered the infidelity in 2004, but tried to work on the relationship. Smith’s extramarital relations continued during the separation, according to Smith’s own disposition. Part of that time, he continued to live in the Rome home of his wife and four children.

Smith, an attorney and former head of the Senate Judiciary committee, has run as a family-values, pro-Christian candidate since his first successful run for state senator in 2002. For years, Smith served on the board and the faculty of Summit Ministries, a Colorado-based ministry that supports and promotes Christian outreach programs in schools across the country. The group produces reading material for students including books on the importance of Christian morals. This year, Smith is stressing his conservative political record, but he makes no reference to his family or Christian values in his literature.

The state Ethics in Government Act does not explicitly prohibit sexual contact between superiors and employees. In a revision of the act earlier this year, language was added to prohibit 'sexual harassment,' including when conduct is made 'explicitly or implicitly a term or condition of an individual’s employment.' There is no evidence Smith made his staffer’s employment contingent upon their relationship. The state ethics law was changed this year partly in response to a series of scandals at the state house including allegations of infidelity on the part of elected officials. House Speaker Glenn Richardson resigned last fall after his ex-wife told the media he had a long-standing affair with a lobbyist.

State Senate rules do not ban supervisors from dating employees, but the standard of conduct requires senators to conduct all relationships 'in a courteous, professional, and discreet manner.'

The woman with whom Smith was involved was a Berry College student active in Republican politics. She worked on his campaigns and he hired her as a legislative aide, paying her $200 a month in 2003 and 2004, according to legislative fiscal records. In divorce depositions, Smith was questioned about his relations with two women, and acknowledged the relationships were romantic. At one point, Medlin asked about the staffer.

Medlin asked, 'Was she your personal secretary?'

Smith replied, 'I don’t know whoever gave her a title. She was an assistant and did what needed to be done on the campaign and also on the Senate side.'

Asked about when the relationship began, Smith stated, 'It grew over time and it’s hard to put a specific date on the start of it.'

Pressed further, he stated, 'some time in probably 2004.'

Medlin said Smith’s wife discovered the relationship when she arrived as his state senate campaign headquarters one night. She found Smith’s car in the lot, but all the lights were out in the office. She went inside, turned on the lights and discovered Smith and the woman.

'I don’t know what possible campaign work a politician could be doing in the dark,' Medlin said.

Medlin said Michelle Smith still wanted to stay married, in large part for the sake of the couple’s four children.

'The last thing she wanted to do was to be divorced, despite the infidelity,' he said."
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When is the "family values" bull, going to pass from view?  One of the legacies of Bill Clinton's impeachment issues was to "out" all of these braying hyenas among the evangelicals (Ted Haggard) and politics (Sen. David Vitter, Sen. John Ensign, and Gov. Mark Sanford)

Oh and 'lest you think this is just a problem on the right (it mainly is, because they feature these slogans) Ohio had an Attorney General Mark Dann who single-handedly reversed the temporary Democratic boomlet in that state with sexual misconduct not all that different from Sen. Preston Smith's. 

For the most part these clowns are predator pols are lawyers.  Nice.

Aaron Biber Update--Incarcerated

Aaron Biber, the former Super Lawyer, and Minnesota Bar Association President-elect has been incarcerated following findings by Hennepin County District Court Judge Lloyd Zimmerman that aggravating factors applied to his prolonged "grooming" and rape of a neighbor boy.  What follows is Rochelle Olson's StarTribune.com report:

"Former [Minneapolis] lawyer and state Bar Association treasurer Aaron Biber walked out of a Hennepin County District courtroom with hands cuffed tightly behind his back Thursday after a judge determined he had raped a child he knew with particular cruelty last fall.

'I have sat through every moment of this horrific trial filled with graphic, searing evidence that is mind boggling to any adult much less a child,' Judge Lloyd Zimmerman said before he revoked bail for Biber, whose sentencing is scheduled for October.  Since Tuesday, Zimmerman had heard testimony and arguments to determine whether 'aggravating factors' existed in Biber's crime.

Biber pleaded guilty last week to first-degree criminal sexual conduct with a boy over whom he was in a position of authority. Now that the judge has determined his crime to be particularly egregious, Biber can be can sentenced to more than the minimal 14 years.  Biber's lawyers have said they will ask for probation for the 47-year-old who until his arrest in December was a civil lawyer at the respected Minneapolis firm Gray Plant Mooty. At the hearing, prosecutors and defense lawyers talked about some 900 text messages between Biber and the boy.

South Lake Minnetonka Police Detective Stephen Neururer testified about the investigation. The boy's recorded 60-minute interview with a social worker was played, as was a police-monitored call between him and Biber.  An agreement on facts by both sides was reached so the 15-year-old boy didn't have to testify. He didn't attend the hearing. The victim's parents and supporters wept quietly as Zimmerman delivered his preliminary findings on the aggravated factors. He is expected to issue a formal written order on Aug. 12.

The judge said he had 'meticulously and painfully reviewed every text message' between Biber and the boy, who was a close friend to Biber's younger son.Zimmerman pointedly detailed his disgust with the defense's repeated argument that the boy was not just a willing participant in sex with Biber, but the dominant figure in their 'loving' and 'homosexual relationship.'

Assistant County Attorney Judy Johnston said in her closing argument that gay men don't choose children as partners.

Zimmerman said of the defense argument, 'The idea behind that is one that I find repulsive. I find it repulsive as a matter of fact and as a matter of law.'

The judge said that from the time Biber met the boy at age 11, he began the manipulating and planning that led to the rape. 'As a judge, I've heard murder cases. I've heard rape cases, I've heard every conceivable horrible thing that humans can do to one another,' Zimmerman said, then added that Biber's push for sex after the boy's hospitalization for depression was among the most cruel.

The judge determined that prosecutors had proven beyond a reasonable doubt four aggravating factors: Biber engaged in multiple forms of sexual penetration, the boy was 'drunk out of his mind' after Biber gave him vodka and Schnapps, Biber inflicted cruelty because he used no lubrication or protection during sex and he spent the previous 14 months escalating his sexual pressure on the child. The judge, who speaks calmly even when outraged or angered, held up DVDs admitted as evidence. 'What kind of adult provides to a child 'Well Hung Amateurs' and 'Sin City' ... so they can masturbate together?' he asked.

The boy's depression, which culminated in his hospitalization last December, was the result of Biber's actions and betrayal of trust, the judge said. The boy reported the molestation to a social worker, who then reported it to law enforcement, culminating in Biber's arrest at the Eden Prairie Mall on Dec. 11. The lawyer thought he was meeting the boy to give him oral sex, according to a recorded phone conversation played in court.

Biber's ex-wife and children were not in the courtroom. The victim's mother managed a slight smile when Biber was taken away to jail."