Category: Lawyering

Mr. Mnuchin’s Mortgage Marauders

By Mike Appleton, Weekend Contributor

“Corporation, n. An ingenious device for obtaining individual profit without individual responsibility.”

-Ambrose Bierce, “The Unabridged Devil’s Dictionary”

I have frequently criticized media coverage of legal issues. For example, news reports often attribute significance to orders on routine procedural motions that is wholly unwarranted. And even reporters with legal backgrounds are not clear and understandable in their explanation of court rulings to laypersons. So when I came across reports that Treasury Secretary-designate Steven Mnuchin’s bank had filed a mortgage foreclosure action against a 90 year old Florida widow over 27 cents, I was skeptical.

But the story interested me because the subject of the suit resides in Polk County, only an hour’s drive from where I live. In addition, with the advent of electronic filing in court proceedings, I knew that I could access the court files online and review the actual record in the case. I have now done so and have concluded that the stories have been misleading, but not for the reasons one might expect. What has happened to Ms. Ossie Lofton of Lakeland, Florida is worse than what has been reported.

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Women Outnumber Men in Law Schools For The First Time In History

220px-belva_ann_lockwood_-_brady-handyThis year passed a milestone for law schools. For the first time, women make up a majority of law students with just over 50 percent of the seats at accredited law schools in the United States. It is a particularly poignant moment for those of us at George Washington Law School where Belva Ann Bennett Lockwood graduated and ultimately became not only one of the very first female lawyers in the United States but the first woman admitted to practice before the United States Supreme Court. The incoming class owes a debt of gratitude to pioneers like Lockwood who bravely fought entrenched discrimination and ignorance to reach this incredible moment in history.

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Fool For A Client: South Carolina Rapist Insists on Representing Himself And Secures A Life Plus 20 Year Sentence

8ebaa54c-366a-4112-a3e8-bc1c4a222a4b-large16x9_nathanmartinezIn Columbia, South Carolina, Nathan Martinez, 37, fulfills the stereotype of a man who represents himself and has a fool for a client. Martinez was accused of a myriad of crimes, including rape, burglary, and kidnapping. He insisted on representing himself and secure convictions on all counts and a sentence of life in prison plus 30 years.

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Texas Lawyer Challenges Bar Rules Reserving State Board Positions For Women and Minorities

thThere is an interesting lawsuit out of Texas where a white Austin lawyer has sued to strike down a law that imposes a race and gender quote for the governing board of the State Bar. The law requires that four of the positions be filled by women and racial or ethnic minorities. Family law attorney, Greg Gegenheimer, 38, has challenged the law under the U.S. Constitution and federal anti-discrimination laws. The Project on Fair Representation provided the lawyers assisting Gegenheimer. The Project was involved in Fisher case challenging the admission policies at the University of Texas before the Supreme Court.

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The Scalia Vacancy and the Supreme Court

Supreme CourtToday I have the honor to serving as the keynote speaker for the Federal Bar Association Orlando Chapter’s conference. I will be speaking at noon at the U.S Courthouse on the Supreme Court’s history and current controversies. This will obviously include the long standing vacancy of the seat once held by Associate Justice Antonin Scalia.

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Former Lawyer For Casey Anthony Arrested in Massive Drug Smuggling Case

th We recently discussed the suspension of Kirk Nurmi, the attorney for Arizona murderer Jodi Arias. Nurmi allegedly sought to cash in on his representation by revealing confidential information in his self-published book, “Trapped with Ms. Arias.” The former lawyer for Casey Anthony has fared little better. Todd Macaluso withdrew from the Casey Anthony case in 2010 after California ethics authorities accused him of mishandling client trust account money. Macaluso has now been arrested for an alleged conspiracy to fly at least 3,300 pounds of cocaine from Ecuador to Honduras in an effort to smuggle drugs into the United States.

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Arkansas Dean Resigns After Trump Election Controversy

dean-schwartzUniversity of Arkansas’ Dean, Michael Schwartz, has resigned after a backlash to his reaction over the election of Donald Trump. Schwartz, who has served four years as Dean, free counseling services to students who “feel upset” following the “most upsetting, most painful, most disturbing election season of my lifetime.”

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Trump Is Legally Correct: Ethics Rules Do Not Apply To Him

495px-Donald_Trump_by_Gage_SkidmoreDonald Trump is under fire for saying this week that he is not legally bound to avoid conflicts of interest because such ethical standards do not apply to him. Various commentators objected but Trump insisted “The law’s totally on my side, the president can’t have a conflict of interest.” Trump is legally correct. There is a public disclosure rule that applies but not a binding conflict of interest law. The federal law exempts not just the President but also the Vice President.

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Publish and Perish: Court-Appointed Lawyer For Arias Suspended For Tell-All Book

nurmi-e1479481969856Kirk Nurmi, the attorney for Arizona murderer Jodi Arias, has avoided disbarment by voluntarily accepting a suspension for four years after writing a tell-all book about his infamous client. Nurmi allegedly sought to cash in on his representation by revealing confidential information in his self-published book, “Trapped with Ms. Arias.” It wasn’t Arias but ethics that trapped Nurmi.

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Court Rejects Trump Motion To Bar Campaign Statements From Fraud Trial

trump_university_logo495px-Donald_Trump_by_Gage_SkidmoreWe have previously discussed the extraordinary prospect of a President-elect Donald Trump being called as a witness between his election and his inauguration. That prospect is still quite real, even though U.S. District Judge Gonzalo Curiel pushed both sides to settle the case involving Trump University. He also rejected a motion to bar campaign statements by Trump at trial, an interesting ruling that seems in part due to the failure to specify the statements that the defense wanted to exclude from trial.

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High-Ranking Justice Official Involved In Email Investigation Found To Have Close Friendship and Ties With Clinton Campaign Chairman John Podesta

kadzik-peters-_1220px-john_podestaThe Justice Department is under fire for allowing the involvement in the investigation of a high-ranking official with close ties to Clinton campaign chairman John Podesta. Now, in the latest disclosure of emails, it appears that Peter Kadzik, the assistant attorney general for legislative affairs, proved tips to Podesta on developments in the email controversy.

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Reid Alleges That Comey May Have Violated Federal Law In Disclosure To Congress

225px-harry_reid_official_portraitJcomey-100I just spoke on the BBC where the anchor was pursuing the question of “whether the FBI broke the law” by informing Congress of the reopening of the investigation into the emails. The allegation came from Senate Minority Leader Harry M. Reid on Sunday. However, with all due respect to our esteemed GW graduate (and I really do respect Sen. Reid), his allegation is in my view wildly misplaced. Reid is arguing that the actions of FBI Director James B. Comey violates the Hatch Act. I cannot see a plausible, let alone compelling, basis for such a charge against Comey.

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Turley Speaks To Federal Administrative Judges At 25th AALJ Conference

logoToday I will have the distinct honor of speaking at the 25th anniversary conference of the Association of Administrative Law Judges (AALJ) in San Diego. The AALJ is an assemblage of 1300 Administrative Law Judges (ALJs) employed by the Social Security Administration. They handle hundreds of thousands of cases each year in a critical adjudicatory role in our federal system. I will be speaking about the rise of the Fourth Branch of federal agencies in our tripartite system and the dangers that it presents to our constitutional system. I will also be discussing how this massive shift of power to the agencies has presented serious ethical and practical problems for our ALJs who are faced with ever rising dockets with limited resources. I will be speaking at the Windham Bayside at 9:00am.

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“The Perfect Beer For Whatever Happens”: A Bud Light Moment Leads To Conviction of North Carolina Judge

budlightmessageBud Light recently had to apologize for its slogan “The Perfect Beer For Removing ‘No’ From Your Vocabulary For The Night.” It was part of a broader campaign and slogan on all Bud Lights as “the perfect beer for whatever happens.” Wayne County, North Carolina  Judge Arnold O. Jones II appears to have taken that slogan to heart. He was just convicted for attempted bribery of a federal agent with two cases of Bud Light. Jones is a registered Democrat who was elected to an eight-year term on the Superior Court bench in 2008.

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Former Corporate General Counsel Sentenced For Bank Robbery

steven-cormierSteven Cormier of Walnutport, Pennsylvania, has reached a very sad and unexpected conclusion to a once distinguished career. Cormier, 58, previously agreed to disbarment after his arrest  for bank robbery in a truly heart-breaking story of a former general counsel who found himself in a free fall.  He has now pleaded guilty to robbery, theft and receiving stolen property.  He also pleaded no contest to making terroristic threats.  He was sentenced to 18 to 36 months in prison

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