Category: Lawyering

New York Lawyer Pleads Guilty To Bilking Jewish Cemetery . . . After Taking Over From Couple Who Bilked The Same Cemetery

cemetery11n-1-webAttorney Timothy Griffin, 55, has been sentenced to a six-month prison stint in a pile up of criminal and unethical conduct, including the theft of $1.8 million from a non-profit Jewish cemetery. It turns out that he was not the first professional to victimize the cemetery.

Continue reading “New York Lawyer Pleads Guilty To Bilking Jewish Cemetery . . . After Taking Over From Couple Who Bilked The Same Cemetery”

Turley Testimony In Senate Confirmation Hearing Of Loretta Lynch

Loretta_LynchI will have the honor of appearing today as part of the confirmation hearings in the Senate Judiciary Committee for Loretta Lynch, nominee to serve as United States Attorney General. Below is my written testimony for the hearing today.

Continue reading “Turley Testimony In Senate Confirmation Hearing Of Loretta Lynch”

Pittsburgh Public Defender Charged With Giving “Inaccurate Information” Before Client Fled and Then Committed Suicide

Andrew-CaponeThere is an interesting case out of Pittsburgh public defender Andrew Capone, 29, has been criminally charged for allegedly given inaccurate information to a judge’s staff about whether his client had appeared for trial in a sex assault case. The case is troubling because, based on what has been released, it is difficult to see where the line was drawn between criminal and noncriminal conduct for counsel.

Continue reading “Pittsburgh Public Defender Charged With Giving “Inaccurate Information” Before Client Fled and Then Committed Suicide”

Florida Prosecutor Arrested In Peeping Tom At Tanning Salon

635578853473699456-1410369764000-Bill-EzzellFormer 8th Circuit Assistant State Attorney William Ezzell, 37, was charged Friday with video voyeurism for allegedly using a cellphone to record a woman in her underwear at a Gainesville tanning salon. The bizarre case could end a career that included some notable cases for Ezzell as a prosecutor.

Continue reading “Florida Prosecutor Arrested In Peeping Tom At Tanning Salon”

Offensive Holding: Seahawks Move To Trademark The Word “Boom” and the Number 12

170px-Referees135px-Seattle_Seahawks_helmet_2012If the Seattle Seahawks are known for their aggressive offensive line, their players are nothing when compared to the aggression of their lawyers. Outdoing even the brutish NFL lawyers who claim copyright to terms like “Super Bowl,” the team has filed two dozen trademark applications in a little over a year to claim ownership to such terms as “boom” and “Go Hawks.” The team is also claiming ownership to the number 12 in a font like the one used by the team. It had to settle a prior lawsuit over its use of “The 12th Man” phrase (referring to the fans) — a phrase claimed by Texas A & M where it was forced to pay a licensing fee for the limited use of this common term. Now it is trying to the do the same in claiming parts of the English language as owned by the team (I am waiting for the Patriots to trademark “Deflate-gate”). It is all perfectly bizarre but Congress has done little to stop the frenzy to claim common terms and phrases. Too bad there is not anyone willing to throw a flag for encroachment to protect citizens.
Continue reading “Offensive Holding: Seahawks Move To Trademark The Word “Boom” and the Number 12″

The CIA’s Whitewash Investigation of Itself

220px-John_Brennan_CIA_official_portrait

Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

It is unfortunately not surprising that anything that the CIA does should be considered suspect.  When the CIA recently came under fire for allegedly spying on Senate computers, no one, except the Senators who were spied on were surprised.  Now that Director John Brennan has completed his internal “investigation” into the matter, the truth has come out.  John Brennan says he and the CIA did nothing wrong! Continue reading “The CIA’s Whitewash Investigation of Itself”

Florida Judge and Former Prosecutor Arrested For Alleged Domestic Abuse

b4s_Myersmug011815_14517843_8colb1s_MyersJailMug011815_14518018_8colHillsborough County (Fl.) Judge Eric Myers is now on the other side of the bench after an arrest for alleged domestic violence and an order to stay away from his wife and daughter. The arrest occurred on Saturday morning and Myers’ wife, Shirley Sanchez-Myers, 40, petitioned the court for protection over the weekend. She says that the judge beat her as their young daughter pleaded “Daddy stop hitting mommy.” Myers is the former head prosecutor overseeing drug cases in the county.

Continue reading “Florida Judge and Former Prosecutor Arrested For Alleged Domestic Abuse”

The Price of Free Speech: California Attorney Posts Widely Denounced Advertisement With Sexy Doll

YouTube Screenshot
YouTube Screenshot
I have previously written about how some attorneys continue to ignore bar standards encouraging firms to show basic professionalism and decorum in advertising. While we all agree that there is a free speech right to advertise, the vast majority of lawyers show great restraint in deference to the standards of our profession. Then there are people like Michael A. Fiumara. Fiumara of Santa Rosa has posted a juvenile advertisement featuring a sexually suggestive doll in his effort to win the race to the bottom among low-grade lawyers.

Continue reading “The Price of Free Speech: California Attorney Posts Widely Denounced Advertisement With Sexy Doll”

From Hobby Lobby To Holt: Supreme Court Rules Unanimously In Favor Of Religious Rights Of Arkansas Inmate

BEARDS-web-master180Supreme CourtA unanimous Supreme Court ruled Tuesday that a Muslim prison inmate in Arkansas, Gregory H. Holt (also known as Abdul Maalik Muhammad), can grow a short beard for religious reasons. The case is The case is Holt v. Hobbs, 13-6827. It represents a trifecta loss. The federal magistrate (Joe J. Volpe), the district court judge (Brian S. Miller), and the United States Court of Appeals for the Eighth Circuit (Judges Bye, Arnold, and Shepherd) all ruled against Holt only to see a unanimous Supreme Court reject their reasoning. Justices Ginsburg and Sotomayor both wrote concurring opinions.

Continue reading “From Hobby Lobby To Holt: Supreme Court Rules Unanimously In Favor Of Religious Rights Of Arkansas Inmate”

The Sad and Negligent Decision to Hire Officer Timothy Loehmann

Tamir_Rice_family_photo

Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

It is always tragic when anyone is killed.  It doesn’t matter if it is accidental or intentional.  The tragedy of someone dying is universal.  However, when the person killed by a Cleveland Police Officer is a 12-year-old, tragic just doesn’t seem to describe it correctly.  You will probably recall the recent case out of Cleveland, Ohio where 12-year-old Tamir Rice was killed by Officer Timothy Loehmann.

Tamir Rice was shot while playing in a Cleveland park.  A citizen called 911 and suggested that a juvenile was pointing a gun, which was probably a toy, at people in the park.  When Officer Loehmann and his partner answered the call they saw Tamir playing on a swing with the “weapon” in the waistband of his pants.  Released videos suggested that Officer Loehmann fired at Tamir within 1-2 seconds of arriving at the park. That same video evidence also shows police throwing Tamir’s 14-year-old sister to the ground and handcuffing her.

When I first heard about the November 22nd, 2014 incident, I was shocked that a 12 year could be gun downed by a police officer.  Even the recent stories about the police killing suspects in New Mexico, Missouri, New York City, to name a few, did not prepare me for this killing.  Tamir was a 12-year-old child.

When the videos came out and when the truth about Officer Loehmann surfaced, I realized that Officer Loehmann was unfit for duty as a police officer anywhere and the Cleveland Police Department was negligent in hiring an unstable young man to patrol its streets.  The decision to hire Officer Loehmann initiated the sad outcome in November. Continue reading “The Sad and Negligent Decision to Hire Officer Timothy Loehmann”

GW Accused Of Poaching Transfer Students

charles-spencelayh-the-poacher-approximate-original-size-7x9150px-gwulogoGeorge Washington Law School (where I teach) has been accused of “downright predatory” tactics by the Associate Dean for Faculty and Academic Affairs in its acceptance of transfer students from American law school. The tension caused by transfers has increased during a period of reduced applications. Not only are schools fighting over a small applicant pool, but transfer students are effectively “off the books” for the purposes of reported GPA and LSAT rankings used by U.S. News and World Report. Thus, schools are more inclined to accept a transfer student in the second year (when scores are not reported) than when they first applied as first-year students.

Continue reading “GW Accused Of Poaching Transfer Students”

If France Wants To “Stand With Charlie Hebdo,” It Must Stand First With Free Speech

300px-Eugène_Delacroix_-_La_liberté_guidant_le_peupleBelow is my column in the Sunday Washington Post on the free speech implications of the massacre in Paris and what it means to “stand with Charlie.” Rather the piece explores the status of free speech in France and The murders themselves are clearly the work of Islamic extremists who need little reason to kill innocent people in their twisted view of faith. However, the victims were journalists who had struggled with rising speech limitations and regulations in France as well as other European nations. (Indeed, at least one surviving journalist expressed contempt for those who now support free speech but remained silent in the face of past efforts to shut down the magazine). We have previously discussed the alarming rollback on free speech rights in the West, particularly in France (here and here and here and here and here and here) and England ( here and here and here and here and here and here and here and here and here and here). Much of this trend is tied to the expansion of hate speech and non-discrimination laws. We have seen comedians targets with such court orders under this expanding and worrisome trend. (here and here).

Liberte-egalite-fraterniteAs many on this blog know, I have a particular affection for France and its people. I was moved to see the protest spontaneously protest as thousands can out to defend liberty and French culture. It was a quintessential moment for the French. Indeed, it reminded many of us of how the French once voiced the “Rights of Man” and rallied around civil liberties at a defining moment for all of Western Civilization. We all felt victims of these attacks and most of us were moved to see our French counterparts joining together in one voice to support free speech. However, there needs to be some frank discussion of threat posed by increasing speech regulations and prosecutions. Ironically, while thousands have demonstrated against immigration as a threat to national identity, the real threat is not the immigrants themselves but the loss of national identity from these prosecutions. What is France if it is not its liberties and freedoms? France cannot simply be defined by brie and baguettes. Those who want to join Western countries must accept their core commitment to free speech as part of a social convenant not just with the government but with each other.

(The title of the piece is selected by the Post, not the author. (We usually learn of the titles when the reader does). The print version includes a title that the “threat” comes not terrorism but the French. Many may conclude that the piece somehow blames the French for these attacks which is obviously not true. Rather, with the rallies (including the huge rally today) in support of free speech, the column explores the primary cause of the erosion of free speech in France — and what can be done to restore it. Likewise, this article is not meant to suggest that any criticism of religion is no longer tolerated in France. After all, the magazine continued to publish despite efforts to prosecute the editors and journalists. Moreover, French courts have ruled in favor of free speech in some critical cases. However, while some efforts have been curtailed by the French courts, government censorship has been increasing, particularly when the challenged speech is directed at living individuals. Other restrictions are broader and the appetite for such regulation appears to be increasing. For example, a few years ago, when the government made the denial of the genocide of Armenians by Turkey a crime, the drafter of the law Senator Valerie Boyer dismissed the objections and said “That’s democracy.” Indeed, Boyer exemplified why John Adams warned that “ democracy never lasts long. It soon wastes, exhausts, and murders itself. There is never a democracy that did not commit suicide.” The clash between democracy and free speech is growing as different groups demand that others be silenced in the name of pluralism and tolerance.

Here is the column:
Continue reading “If France Wants To “Stand With Charlie Hebdo,” It Must Stand First With Free Speech”

An Upside Down World of Justice

220px-JMR-Lady Justice

Respectfully submitted by Lawrence E. Rafferty, (rafflaw) Weekend Contributor

In our sometimes upside down world, it can seem that the lives and secrets of our intelligence service employees and their agencies are worth more than the lives and physical and mental well-being of the countless prisoners who were tortured by the CIA .  That is the same torture that was authorized and approved at the highest levels of our government.

Let’s also not forget the many instances of allegedly criminal activity by large banks and their employees that resulted in civil fines or no action at all, notwithstanding the lives that were shattered in the meantime.

Recently it was disclosed that the Department of Justice and the FBI have recommended that Gen. David Petraeus be criminally prosecuted for allegedly passing his classified CIA email account and exposing state secrets to the biographer/author he was having an affair with.  This is the very same Department of Justice, along with the Obama Administration that claims it did not have enough evidence to file charges against admitted torturers and those that authorized the torture and destruction of evidence. Continue reading “An Upside Down World of Justice”

Dershowitz Threatens To Sue Victim’s Attorneys For Defamation . . . Attorneys Respond By Suing Him First

image.hmlAlanDershowitz2We previously discussed the threat of retired Harvard Law Professor Alan Dershowitz to sue Utah Law Professor and former federal judge Paul Cassell (and his co-counsel Bradley Edwards) for defamation for papers mentioning him in revelation to the sex trafficking scandal of Florida financier Jeffrey Epstein. The lawyers sought unsuccessfully to depose Dershowitz who has been accused of being one of the men who were given underaged girls to sleep with by Epstein. At the time, I wrote that Dershowitz’s statements themselves could be viewed as defamatory and actionable. It appears that Cassell and Edwards were thinking the same thing. They have now sued Dershowitz for defamation.

Continue reading “Dershowitz Threatens To Sue Victim’s Attorneys For Defamation . . . Attorneys Respond By Suing Him First”

Harvard Law Professor Dershowitz Threatens Utah Law Professor Cassell With Disbarment Action

image.hmlAlanDershowitz2Former federal judge and University of Utah law professor Paul Cassell is facing a rare threat of a bar complaint over his representation of a client in the notorious case of billionaire and convicted pedophile Jeffrey Epstein. Even more rare is the source of the threatened complaint: retired law professor Alan Dershowitz of the Harvard Law School. Epstein is good friends with Bill Clinton and Duke of York Prince Andrew, 54, who have been mentioned in litigation over allegations of the use of underaged “sex slaves” and Epstein’s alleged penchant for watching (and filming) people having sex with these girls. Dershowitz’s name has appears on the ignoble list contained in motions before a federal court in Florida. Dershowitz is now threatening to initiate disbarment proceedings against Cassell and Bradley Edwards, a Florida attorney who also represents Jane Doe #3 in the controversy.

Continue reading “Harvard Law Professor Dershowitz Threatens Utah Law Professor Cassell With Disbarment Action”