Wednesday, August 13, 2014

Pizzi jury deliberating

Dave Ovalle covers the closings here:
As depicted by the government, Miami Lakes Mayor Michael Pizzi was a greedy politician who “sold his office” for money from undercover FBI agents posing as crooked businessmen needing his influence in government.
“Mr. Pizzi knew this was a corrupt scheme,” federal prosecutor Bob Senior told jurors Tuesday during closing arguments in Pizzi’s corruption trial. “He participated in a corrupt scheme.”
But as told by Pizzi’s defense team, he was nothing more than a honest politician looking to help his community. He supported the bogus businessmen’s plan while being pushed, prodded and ultimately entrapped into accepting only part of the money — though for legitimate reasons.
“It is impossible that Mike Pizzi could have corrupt intent,” defense attorney Ed Shohat said.
***
“What kind of politician demands more money for simply sponsoring a free program that’s ‘good for the city,’ ” Senior told jurors.
But Shohat insisted that the agents, Kesti and lobbyist Richard Candia — Pizzi’s pal who was arrested and convicted as part of the scheme — consistently reinforced the notion that the program was legitimate. Pizzi supported the supposed grant but consistently shrugged off efforts to implicitly ask for money.
“Any good honest politician, trying to get hundreds of thousands of dollars, if not in the seven figures [for his community], would have done the exact same thing,” Shohat said.

Tuesday, August 12, 2014

Be nice to Dave Ovalle...

...if you are in federal court this morning.  He will be covering the closing arguments in the Pizzi trial for the Herald.  He's used to non-working escalators and bad coffee, so if you run into him, show him the good spots in and around the federal courthouse. Here's his lead-up story:
Lawyers are scheduled to deliver closing arguments Tuesday morning in a Miami federal court, with deliberations to follow.Pizzi’s defense rested Monday after several days of presenting witnesses aimed at explaining away allegations that the politician accepted money four separate times between 2011 and 2013.A guilty verdict could spell the end of a career for the fast-talking, populist-style politician first elected to the Miami Lakes City Council in 2000, then to the mayor’s seat eight years later. An acquittal would be a resounding triumph for Pizzi, who had long insisted he is innocent, set up by questionable FBI tactics and unscrupulous informants.Federal prosecutors say Pizzi took the money in exchange for supporting a phony federal grant application sought by two crooked Chicago businessmen — actually undercover FBI agents working with a lobbyist-turned-informant Michael Kesti.
***
Pizzi’s defense lawyers have painted Candia as a liar looking to lessen his prison sentence.To shoot down the claim, defense lawyers last week called to the stand Jorge Concepcion, a businessman who told jurors he was actually meeting with Pizzi at a house nearby at the time of the alleged Starbucks encounter.On Monday, for their final rebuttal witness, prosecutors put on a phone company engineer who testified that Pizzi’s phone call likely came south of a cellphone tower — near the Starbucks, in the opposite direction of the home where Pizzi purportedly met with Concepcion.

Monday, August 11, 2014

You be the judge.

1.  How much time should a mailman get for throwing away 700 letters because he couldn't get them all delivered?  Paula McMahon of the Sun-Sentinel covers the story of  South Florida mailman Jimmy Lee Peters Jr.  Judge Cohn rightfully sentenced him to probation:
At his sentencing Friday in federal court in Fort Lauderdale, Peters' lawyer said his client stole nothing and simply became "overwhelmed" by the volume of mail that he was expected to deliver during his seven months as a mail carrier."He basically says that it was a very large district that he had to serve and he was just overwhelmed," defense attorney Ruben Garcia told U.S. District Judge James Cohn. "Instead of just taking it back and admitting that he just wasn't up to it, he took it home."Peters didn't open even one envelope and none of the intended recipients reported any losses, officials said.U.S. Postal Service employees reported that they found "several garbage bags full of U.S. mail" at Peters' Miami residence. Other workers later delivered the delayed mail, which was addressed to ZIP codes 33060, 33064, 33013 and 33014, court records show.Garcia told the judge that Peters – whose prior criminal record consisted of two misdemeanor convictions for possession of marijuana and two arrests for driving with a suspended license – had already been punished significantly by being fired from a good job."I've realized how wrong I was for delaying the mail," Peters told the judge. "I am extremely ashamed and remorseful." 
Peters was sentenced to two years of probation and ordered to undergo substance abuse treatment. The judge said he felt that, considering everything, it was a reasonable punishment.
2.   Next up is a wine counterfeiter.  How much time should Rudy Kurniawan receive for selling *a lot* of counterfeit wine to rich wine collectors?  According to Judge Richard Berman in the SDNY, TEN YEARS! Here's the CBS NY story about the (way too long?) sentence:
He said Kurniawan’s victims were wealthy and aware that counterfeit wines were a frequent occurrence in the marketplace.“Nobody died. Nobody lost their savings. Nobody lost their job,” he said. The lawyer said the 2 1/2 years Kurniawan has served in prison was enough penalty, since he had lost everything and been branded a cheat.Okula called the defense lawyer’s comments “quite shocking,” especially when he suggested that Kurniawan should get lenient treatment because he ripped off rich people rather than the poor.“Fraud is fraud,” he said.Kurniawan was a connoisseur of counterfeiting who mastered label making, cork stamping, bottle waxing and recorking to create fake bottles of wine. Federal prosecutors said Kurniawan turned his California home into a wine factory. Restaurants sent him empty wine bottles, then he mixed together cheap wine and rebottled it as vintage wine.He also borrowed money against his collection of fake wines and owes a New York bank several million dollars.Wine consultant Maureen Downey spent hours documenting the deception to help her sniff out future fakes, CBS 2’s Tony Aiello reported in December 2013.“Some of the stuff up there, even the producers say they would not be able to spot it,” Downey said.For example, Kurniawan phonied up two bottles of 1934 Romanee-Conti and sold them for $24,000. A fake double-magnum of 1947 Chateau Petrus was auctioned for $30,000. “He made blends,” Downey said. “He was like a mad scientist.”
I'm not sure the jury who asked for a "big bottle of wine" discussed in the post below would have cared.

3.  How much should a federal judge get if he is convicted of battery on his wife?  According to the AP, federal judge Mark Fuller from the Middle District of Alabama was arrested Saturday night in Atlanta at the Ritz-Carlton:
U.S. District Court Judge Mark Fuller was charged with misdemeanor battery and taken to the Fulton County jail around 2:30 Sunday morning.Fuller, 55, is a judge in the Middle District of Alabama and presided over the 2006 bribery trial of former Alabama Gov. Don Siegelman and HealthSouth CEO Richard Scrushy. According to a jail official, the judge has a 9 a.m. Monday court appearance and was expected to remain in jail overnight.Police responded to the Ritz-Carlton Hotel at 181 Peachtree Street at 10:47 p.m. According to Atlanta police spokeswoman Kim Jones, officers spoke to Fuller’s wife, “who stated she was assaulted by her husband.” Fuller’s wife, who was not named by police, was treated by paramedics but refused treatment at a hospital.Fuller was nominated to the bench in 2002 by President George W. Bush and has been a controversial figure in Alabama politics, largely for his role in the Siegelman trial. Siegelman’s family members and supporters claim the former governor’s prosecution was politically motivated and that Fuller should have recused himself for conflicts of interest.



Friday, August 08, 2014

Jury in West Palm Beach asks for "big bottle of wine"


And they also include the LOL and :) on their note....

Gotta love South Florida! 

Are lawyers only happy when they're miserable?

That's the discussion over at Above the Law.  From the intro to Bruce Stachenfeld's post:

What I mean is this: You are working round-the-clock so much you haven’t even been home for a full day and hardly at all for a month on a doozie of a deal. You are completely sick of it. All you can think of is when the deal will be “over.” You are clearly “miserable.” If only you could have your personal life back! Then, finally, the deal closes — at last. Your client is wiring out the funds. As the transfer of funds is happening, a (terrible) thought races through your mind. You hate yourself for the thought — you try not to have the thought — but you simply can’t help it… and the thought is that you are kind of worried because you have nothing to do now and that is disquieting… gee, what if work has really slowed… at some point this will be a real problem. You’ve had your personal life back for maybe a second — you haven’t even taken a shower — and you are worrying where your next deal will come from.
Or the other way around. Work has been slow — very slow — for a couple of months. You have enjoyed some rounds of golf and gone out to a bunch of dinners and lunches, but you really would like a nice tricky and challenging deal to sink your teeth into. And of course you are mindful of the fact that like it or not lawyers just have to bill hours. That is how we make a living, and you just aren’t billing hours. Not a good thing. You are edgy — if only you could have a big deal to work on….

The final lament is that work is so damned inconsistent. One day you have nothing to do, and the next day you are swamped. There is no consistency, and therefore it is hard to make plans — it is hard to commit to pilates or pottery class or even going to the gym regularly or anything that requires regular attendance. If only you could have a regular life; however, you know full well that the cutting-edge stuff, the cool stuff, doesn’t fit into regular scheduling. We must always respond to someone’s emergency as that is what a service business is. How often has a client uttered the following three words: “take your time”?
So what should we do about this? Can anything be done about it, or are we lawyers going to have the ultimately pathetic lives, only “happy” when we are “miserably” overworked?
Dang it — I am not going through life that way — no way. And I urge the rest of the lawyers at my firm — and anyone else reading this — to avoid this terrible fate.
But avoiding this negative energy spiral is no easy feat. The fact remains that we are in a service business and we either do an awesome job for our clients — on their unpredictable time frames — or we lose our clients to other law firms that will make the necessary sacrifices. Just saying “no” to the clients or colleagues who make the time demands won’t work. And neither will being miserable and stressed out. Here is another plan.
Do you want a nine-to-five kind of boring job with unchallenging work? Most of us don’t want that. This is one of the reasons we became lawyers in the first place — because the work is incredibly interesting and challenging.
Conversely, do you want a life where you work round the clock, albeit on interesting and challenging matters, so hard that even your health starts to go? I would think you don’t want that either. At some point the work just isn’t fun any more and your job just stinks.
So how about you just flip your brain around. Instead of looking at the negatives, start looking at the positives of each work phase? This is the trick.