Showing posts with label augusta criminal lawyers. Show all posts
Showing posts with label augusta criminal lawyers. Show all posts

Thursday, July 23, 2020

FORMER ABSCAM DEFENDANT FACES NEW CHARGES

Michael Myers 95th Congress photo.jpg
[Photo from wikipedia]

Former Pennsylvania Congressman Michael Myers was charged this week with conspiring to violate election laws by allegedly bribing an election official to "stuff" the ballot box for candidates who had hired Myers to assist in their campaigns.

As a former federal prosecutor, I once prosecuted the largest vote buying case in American history.

Myers was previously convicted of bribery in 1981 in connection with the infamous Abscam scandal.  During that investigation, Myers was videotaped while accepting a bribe from an undercover agent.  At that time, Myers reportedly had said, on tape, "money talks in this business and bullshit walks."

Of course, Myers is presumed to be innocent, unless and until proven guilty in court.

Tuesday, August 7, 2018

OPENING STATEMENTS IN MANAFORT JURY TRIAL

[DOJ Seal from wikipedia]

A lot has been written about the ongoing federal criminal jury trial of Paul Manafort.  Today, I don't intend to discuss the merits of the Mueller team's case against the former campaign coordinator of President Trump.  Instead, I want to focus on the government prosecutor's manner of making his opening statement.  He read it!

In particular, according to news reports, the prosecutor read his entire opening statement to the jury.  Reading an opening statement or a closing argument is a pet peeve of mine!  In my opinion, no trial lawyer should ever READ an opening statement!  Instead, I believe a good trial lawyer will be so prepared that he or she will be able to speak, without reading, their statement or argument.  Nobody likes to be read to.  Also, by speaking, instead of reading, a trial lawyer is better able to both make eye contact with jurors and to display a greater degree of confidence and preparedness!

As a former federal prosecutor in Augusta, Georgia for over twenty years, I prosecuted and saw countless federal criminal trials.  In my opinion, the best lawyers never read their openings or closings!

I am sure the government's attorney in this case is a fine lawyer!  But in my opinion, opening statements should be spoken but NOT read!

What do you think?

Monday, July 30, 2018

PROFFERS IN FEDERAL CRIMINAL CASES

[Photo from Wikipedia]

     A proffer is a method often employed by criminal defense attorneys and federal prosecutors to meet and discuss how a defendant could help the government in its investigation, without risking further incrimination.  In short, a proffer involves making an "off the record" offer of proof, in order to help the parties potentially progress further toward a negotiated settlement of some sort.  In some criminal cases, the defendant may simply get a better plea bargain.  In other cases, he or she may obtain immunity from prosecution.

     It is important that a defendant retain a defense lawyer who is knowledgeable about proffers and how cases are made in the federal criminal courts.  Experience counts!  It is also important that your defense attorney should obtain a written proffer letter agreement which clearly sets forth that any proffer is off the record.

     Richard H. Goolsby, Sr., of the Goolsby Law Firm LLC, is Augusta, Georgia's only former twenty year federal prosecutor.  Please call us at (706) 863-5281 for a free initial consultation.

Wednesday, March 28, 2018

DOJ INSPECTOR GENERAL TO INVESTIGATE FISA ABUSES

[Image from wikipedia]

     It finally has been confirmed by various news reports today that the D.O.J. Inspector
General has opened an investigation into the FISA abuses by top members and agents of the D.O.J. and F.B.I.  You will, of course, recall that, according to the Nunes memo, a small group of top D.O.J. and F.B.I. officials, among other alleged abuses, used the "salacious and unverified" dirty Steele dossier to obtain FISA warrants to spy on the Trump campaign. If substantiated, this would be the first reported time in American history that one candidate (and top administration officials) have spied on the opposing party's candidate during an election year.

     As a former federal prosecutor, I cannot imagine a larger, more serious white collar crime! Here's hoping that justice will be served and that such abuses never occur again. Here's also hoping that the guilty are brought to justice!

     What is your opinion?

Wednesday, February 21, 2018

COOK COUNTY ILLINOIS JUDGE FOUND GUILTY OF MORTGAGE FRAUD

[Scales depiction from wikipedia]

Have you heard the news about the mortgage fraud conviction of Cook County Circuit Judge 
Judge Jessica Arong O’Brien?  Last week, she was found guilty in federal court of two fraud counts related to false statements she made in loan applications years before she took the bench. She reportedly lied about her income while purchasing two investment properties and then paid kickbacks to a straw purchaser who subsequently defaulted on the loans.

As Assistant U.S. Attorney Matthew Madden told the jury in closing argument, "she used lies to buy and sell these properties." Sentencing for Judge O'Brien will be reportedly be held at a later date.

Sunday, February 19, 2017

AMERICAN JURY TRIALS



Today, I simply wanted to write about the role of the jury in the American criminal
justice system.  After more than 38 years as a criminal lawyer, including 26 years as a
former prosecutor, and since then, over 12 years as a criminal defense attorney, I can
honestly say that, even though mistakes occur, our jury system usually gets it right!


I would much prefer my own fate to be decided by a jury of my peers, drawn from
my community, than by a judge or group of political appointees, which is often
the case in other countries around the world!


What is you opinion?

Wednesday, October 26, 2011

A White Collar Crime Haiku


A WHITE COLLAR CRIME HAIKU
Fraud, greed, everywhere.
No one hears the victims' cries.
Some things never change.

Wednesday, October 19, 2011

White Collar Crime: Size Doesn't Matter!

[Photo of White House from valdosta.edu]
Hey, are you looking for a cheap house to rent in Washington, D.C.?  Then, a guy from Atlanta, Georgia may have a real "bargain" for you!  But you may have to look him up in an Atlanta area jail!

According to news reports, the man has been charged with leasing homes in the Atlanta area which did not belong to him to various tenants.  According to reports, the man allegedly broke into one house, changed the locks, prepared a bogus lease, and rented the house to a poor victim for $1,000 per month, (with a $3,000 security deposit, up front)!  Later, the actual owner of the home discovered that someone was living in his house and apparently reported it to police! 

Of course, these are only the charges and the alleged perpetrator is presumed innocent unless proven guilty in a court of law.

Look, I realize that this case is not the biggest case of white collar crime "out there."  But that is the point of this post.  Occasionally, I like to include such posts to illustrate the point that most white collar crime is, in fact, just relatively small thefts or fraud committed by relatively ordinary folks.

Now, does anybody "out there" really need a good deal on a house in D.C.!?

Monday, October 3, 2011

A Goolsby "War Story" About Sleeping Jurors, Criminal Lawyers, and The Charge of the Light Brigade!

[Depiction of "The Charge of the Light Brigade" from wikipedia]
'Forward, the Light Brigade!
   Charge for the guns,' he said,
Into the valley of Death
Rode the six hundred.
As a young law student, I clerked for an Athens, Georgia law firm headed by a resourceful criminal defense attorney.  Let's call him "John Jones."  I learned a lot from Mr. Jones about human nature and about trying criminal cases.  For instance, I learned that law school doesn't really prepare law students for the real world, or teach you about human nature.  I also learned from Mr. Jones that, no matter what challenges or obstacles you face, in life, or during a criminal trial, as a criminal defense lawyer, you must be willing, like Lord Tennyson's Light Brigade, to keep charging ahead!

To illustrate my points, let me give you an example of an actual criminal case.  First, it might help you to know that Mr. Jones was confined to an electric wheel chair.  But as I learned very quickly, Mr. Jones wasn't actually confined -- he never allowed this mere encumbrance to slow him down one bit.  Nor did it prevent him from winning a criminal trial!

I will never forget the Smith embezzlement case.  The evidence was largely circumstantial that Mr. Jones' client had stolen company funds.  But a problem had cropped up at trial.  One of the jurors, a middle aged man who sat near the right front corner of the jury box, kept nodding off during the trial.  Ordinarily, as Mr. Jones explained to me, a juror sleeping through a trial could be a good thing for the defense.  But Mr. Jones really wanted the juror to wake up for the next critical defense witness' testimony.  So, here is what he did to correct this problem!

First, Mr. Jones drove his chair up alongside where I sat, which was just behind the defense counsel table.  Then, he whispered, "Watch this, Richard." 

Immediately, Mr. Jones wheeled around and drove his electric wheel chair forward, full throttle, toward the front right corner of the jury box!  "Half a league, half a league, half a league onward," charged Mr. Jones!  Then, everyone in the courtroom was jolted by a loud "bam," as the electric wheel chair hit the corner of the jury box!  No real damage was done.  Somehow, Mr. Jones had managed to stay upright.  But I quickly saw the results!

Naturally, the sleeping juror was jolted awake!  Even the judge was awakened from his perch on the bench!  Mr. Jones had succeeded in his mission!  In fact, after the collision, all the jurors seemed wide awake, attentive, and watchful -- and perhaps a little bit afraid that this crazy-drivin' lawyer might hit them next!  I will never really know what role Mr. Jones' mission had played, but we won this criminal case!

I later learned that Mr. Jones knew that, because of his physical challenge, no one -- including the judge and jurors -- would blame or criticize him for "inadvertently" driving his wheel chair into the jury box.  And no one did.  That is human nature, isn't it?  I also learned that, when you are trying a criminal case, while you must always remain professional, sometimes, you must also be willing to "charge for the guns," in order to win!

What do you think?  Have you ever had to "charge for the guns?"  Wouldn't you want an aggressive criminal defense lawyer, like Mr. Jones, in your corner!?

Monday, September 19, 2011

A Goolsby "War Story" About Appeal Briefs, Filing Deadlines, and Insensitive Bosses

[Photo from ehow.com]
Today, as I worked hard to submit an appeal brief to the Court of Appeals, well before the filing deadline, I was reminded of a time when, as a former federal prosecutor, I had worked on another brief, and struggled to meet a filing deadline.  Here is what happened in the Smith appeal.  

First of all, you need to know a little bit about briefing schedules.  Generally, when the defendant is appealing a conviction, he or she files a brief first and serves the prosecutor with a copy of it.  Then, generally, the prosecutor has thirty days from the date of receipt of the defendant's brief before the government's responsive brief is due.  Thirty days is generally deemed sufficient time in which to prepare and submit such a brief.

But here is what happened to me in the Smith appeal!  Instead of serving me personally with a copy of the defendant's brief, the criminal defense attorney mailed it, instead, to my boss, who was the chief of the criminal section of the federal prosecutor's office.  My office was located in Augusta; my boss was in Savannah.  And there, the brief sat, and sat, and sat, for two-and-one-half weeks, on a corner of my boss' desk!  Also, since the defense lawyer had filed his brief two weeks early, I had no way of knowing that it had already been submitted.

I will never forget the day when I received a telephone call from my boss about the brief.  He first pretended to be calling about another case.  Then, he casually mentioned, "Oh yeah, Richard, I almost forgot that I need to send to you the Smith appellate brief.  We got it a couple of weeks ago.  But don't worry, because it looks like an easy one for you to respond to."  My heart sank!  I immediately realized that I would have to work the next two weekends, in order to have any chance of meeting the filing deadline!   And that is exactly what happened to me! 

And that is also why, whenever I file an appellate brief, I always remember the story of the Smith brief and my insensitive boss! 

Sunday, September 4, 2011

Just Another Typical Investment Fraud and Ponzi Scheme

[Photo from socyberty.com]
You may have thought you had a bad week.  But did you hear about what happened this week to Georgia businessman Jeffrey Wallace Edwards and his company, Frontier Holdings, Inc.? 

According to various news reports, Edwards and his company were found guilty in a Rome, Georgia federal courtroom on an indictment charging numerous federal criminal counts, including mail fraud, wire fraud, and money laundering.  The charges reportedly centered around on old-fashioned ponzi scheme, or investment fraud scam, in which investors, including thirty retirees, were induced by Edwards to invest their money, with outlandish promises of rates of return, which, of course, never materialized. The news reports indicate that Edwards spent their money, instead, on himself, for vacation cruises, fur coats, and other luxury items. 

As a former federal prosecutor, (and currently, as an Augusta, Georgia criminal defense lawyer), I have handled a number of fraud cases like this one.  Most of them followed this same pattern.

Edwards will be sentenced later, in accordance with the federal sentencing guidelines.  Now, compared to this defendant, don't you realize that your week wasn't so bad, after all?!

Sunday, August 28, 2011

A Goolsby "War Story" About Death Threats and Tests of Courage

[Photo from imfdb.org]
[The following fictionalized account is merely an illustration which is based upon a true story.  For instance, the names have been changed to protect the innocent and the guilty!]

You will never forget your first kiss, your first bike, or your first puppy.  Well, trust me, you will never forget your first death threat, either!  Let me tell you about my first one. 

I was a young, wet-behind-the-ears prosecutor in another part of the state when I received my first death threat.  A fellow Assistant D.A. and I had begun an investigation of a top cop in one of the counties in that judicial circuit.  Simply put, we thought he was a crooked cop being paid off by drug dealers. And we were determined to prove it.  The problem was that he knew we were trying to prove it. 

My challenge was that, on a daily basis, I still had to interact with this alleged crooked cop.  We'll call him Bubba.  As the assigned prosecutor, I still had to handle all the criminal cases which Bubba's office had investigated.

Then, it happened.  One day, after court, Bubba asked me to stop by his office.  He invited me into a back office, offered a chair, and closed the door behind me.  At first, we made small talk -- about the weather and about the Georgia Bulldogs.  I felt extremely awkward and simply wanted to go.

Finally, I could tell Bubba was getting around to the point.  He prefaced his comments by reminding me about a recent death threat made against a popular local judge.  In short, a local narcotics officer had been tipped off by a snitch that a drug dealer had targeted the judge for a hit.  The story had fired up the local newspapers.  For several weeks, the death threat had been the hot topic at the local diners.

But Bubba had a different take on the story -- and a different message.  As he began his remarks, he looked straight at me -- no, it was more like straight through me.  I will never forget his icy glare.  Bubba first pointed out that he didn't put any stock in the death threat supposedly made against the judge.

Then, he added, "Rick, you don't have to worry about the death threats you hear about.  It's the threats you don't hear about that kill you.  If I ever want to kill somebody, I won't warn them about it.  I'll just get me a high powered rifle and blow their f_ _ _ing head off!"  That was it!  Understandably, I really don't remember any of our conversation after that!  But I got the point!  And I got out of there as soon as I could, while struggling to maintain my composure!

I learned a number of lessons from this stressful experience.  For instance, I learned that you can be courageous even while afraid.  I won't lie.  I was afraid.  I believed Bubba.  And after that day, I went on to endure other threats and harassment.  But the point is that I didn't back down from continuing the crooked cop investigation.  We never caught Bubba.  For me, Bubba will always be the big fish in my career that got away!  But I never quit doing what I thought was right.  I learned that the true test of courage lies in whether or not you persevere in spite of your fear.

I also learned, thanks to Bubba, that, generally, the most serious threats are the ones you never hear about.

Finally, I learned that, like your first kiss, your first bike, or your first puppy, you will never forget your first death threat, either!

Saturday, August 27, 2011

A "Joke of the Day" About Lawyers!

[Photo from scientistdata.info]
After some serious posts, maybe it is time for......A "Joke of the Day" about lawyers!  The following joke was told to one of my sons last week by his law professor!

Question:  What do you have with 100 lawyers buried up to their necks in sand?

Answer:  Not enough sand!

I hope your weekend is going great and that you are not up to your neck in sand!

Monday, August 22, 2011

What Do You Do When You Are Arrested? Shut Up, Lawyer Up, And Remember That Jail House Walls Have Ears!

[Photo from cityofdelano.org]
What would you do if you, or a family member, were arrested?  Here is my perspective.  For over 30 years, I have both prosecuted, as a former federal and state prosecutor, and defended, as an Augusta, Georgia criminal defense lawyer, in both state and federal courts.  As a result, over the years, I have picked up a thing or two about how our criminal justice system really works. 

Trust me, getting arrested and dealing with jails and judges isn't all pretty! Hopefully, no one reading this blog will ever be arrested.  But have you ever considered exactly what you should do if the metal bracelets are ever placed on your wrists?  Here are just a few practical tips for you to consider:

1. SHUT UP AND LAWYER UP!  The first important tip for you to consider is the fact that, when you are arrested, under our Constitution, you have the right to remain silent and the right to consult with a criminal lawyer.  The point here is that, generally, you should consider exercising these important rights by shutting up and lawyering up!

2.  DON'T TALK WITH ANYONE IN JAIL:  Another tip for you to consider is the fact that jails are filled with rats and snitches!  In other words, you should avoid talking with any other inmates about your own criminal case!

3.  REMEMBER THAT JAIL HOUSE WALLS HAVE EARS:  Finally, you should assume, or consider as fact, that jailers often monitor everything that goes on in their facilities.  For instance, you should be aware that, generally, jail house telephone calls are monitored and recorded.  As a criminal defense attorney, I have even actually experienced a case in which the government improperly listened to a tape recording of a telephone conversation between a lawyer and a client!  So, the bottom line is:  Remember that jail house walls have ears and that you should watch what you say on the telephone! 

Again, I hope you never go to jail!  But have you ever considered what you would do if you were arrested?

Saturday, August 13, 2011

A Goolsby "War Story" About My Investigation of Corruption in a South Georgia Prison Work Camp

[Photo from electis.blogs.wm.edu]
One of my proudest career accomplishments happened early in my career when I was a young Assistant D.A. in south Georgia.  It involved my investigation of fraud and corruption at one of the county prison camps, or "work farms."  The abuses--including thefts by guards and prisoner abuse--are too numerous to list here. 

For instance, prisoners told me about witnessing guards loading meat from the work camp kitchen into their car trunks.  Also, although money was budgeted for recreational items, there wasn't a single ball of any kind anywhere in the camp!  Where did all the money go?  Another abuse involved the camp's deplorable solitary confinement cell, which was called "the hole."  It was literally a hole dug into the ground, into which rain water, snakes and rats would venture and keep company with the unlucky prisoner confined there. 

What could I do?  Look, I was a tough young prosecutor.  I was no "bleeding heart!"  But, in my heart, I knew that the horrendous prison conditions and crimes were unconstitutional and flat wrong! 

Although I was just out of law school, and new on the job at the D.A.'s Office, I knew I must do something.  But I also soon learned that the local politicians were part of the problem and would not help.  Therefore, I decided that the best disinfectant would be to focus the news media spotlight and public scrutiny on the prison problems. 

So, with help from a cooperative criminal defense lawyer friend, we essentially utilized a preliminary hearing about a prisoner's escape case to expose the work camp abuses to the news media and public.  Over the course of several days, we produced witness after witness who testified about all the fraud and corruption at the work camp!  The lawyer for the local sheriff and county commissioners tried to intervene and stop the hearing.  But the magistrate judge, who seemed to enjoy the media attention, sustained my objection that the county's attorney had no standing to object!  The hearing continued until the public airing was complete.  The news media also helped with headline after headline about the prison problems.

Fortunately, this story has a happy ending!  After this public exposure, the politicians could no longer hide! The politicians scurried like roaches under an overturned woodpile!  Several county commissioners finally got behind an effort to clean up the work camp.  A number of prison employees either retired or were fired.  Several more were prosecuted by me for theft.  The prison kitchen now had meat to serve!  Also "the hole" was eliminated!

So, now, I hope you can see why this investigation of public corruption is one of my proudest early career accomplishments! 

Friday, August 5, 2011

Criminal Justice Careers and Former Students

As you may know, we are the Goolsby Law Firm, LLC, Augusta, Georgia father and son criminal defense lawyers (and divorce attorneys).  Previously, I was also a federal prosecutor for over 20 years.  As an AUSA, I primarily prosecuted white collar crime and public corruption.  But there is also another aspect to my career as a criminal lawyer of which I am also very proud!  For many years, I have also taught criminal justice courses, part-time, at two local universities, (Brenau University and Augusta State).  I sometimes view my teaching gig as a "hobby that pays!"

I also derive a number of other benefits from teaching.  For instance, teaching as an adjunct college professor requires me to keep up with the latest criminal laws and policing trends.  Also, teaching, part-time, offers me an opportunity to engage in some lively discussions with bright college students about an array of issues related to criminal justice. 

Finally, I also enjoy teaching because I get to meet and interact with former students, following their graduation, as they enter the "real world" of ciminal justice, as attorneys, probation officers, juvenile court case workers, and law enforcement officers.  I cannot describe the pride I feel when I meet and work with my former criminal justice students!  Teaching is an occupation which keeps on giving!

Sunday, July 24, 2011

Another "Big Brother" Example: Automatic License Plate Recognition Devices

[Photo from Wikipedia]
Look, I am not a conspiracy theorist!  And I don't go looking for violations of our freedom and privacy rights under every rock.  I am simply an Augusta, Georgia criminal lawyer, and former federal prosecutor, who enjoys practicing law with my son and blogging about criminal law. 

But, in my opinion, every freedom loving citizen should be concerned about how new technology is affecting our freedom and privacy rights.  In some ways, we are already past George Orwell's 1984.  We have discussed in this blog a number of the ways in which the government is already tracking our every move.  But have you heard about the latest method of collecting data about your movements?  

It is called the Automatic License Plate Recognition device, (or "ALPR").  In other countries around the world where this technology is already being used, it is commonly referred to as the Automatic Number Plate Recognition device, (or "ANPR," for short).  Different names, but same scary device!

Simply put, here is how this new policing device, or ALPR, works:  Police cars have mounted scanners which capture thousands of tag numbers and store the information in computer data bases, which can almost instantly tell the police if any of the motorists who passed by have any outstanding warrants, alerts, or traffic tickets.  But data is stored about innocent motorists, too.       

According to Wikipedia, these tracking devices, or ALPRs, have been around for several years and are already in common use in other nations around the world.  Now, various police agencies in this country are also implementing their usage.  For instance, various news reports indicate that, just this week, the Massachusetts Executive Office of Public Safety has approved grants totaling $500,000 for police departments to utilize ALPRs in that state.

Look, as I have said before, I am no bleeding heart!  I am a former career prosecutor.  In short, I am a strong advocate of law and order and police professionalism.  I can also see the benefits of using ALPRs, for example, in conjunction with Amber Alerts.  But part of me also worries about the growing threats to our privacy rights.  I believe that, as free citizens in a free nation, all of us should always be concerned about "Big Brother" watching us and about the potential abuses of new technology. 

For example, we should discuss ways to prevent the use of such technology to track and store the movements of innocent, law-abiding citizens.  Also, as I observed in my last blog post, concerning police monitoring of citizens through coordination of public and private security cameras, we should also be concerned that such devices could be improperly used to track the movements of opposition political parties.  Also, do we know whether such policing devices are really all that accurate?

In short, in my opinion, there should be a public discussion about such technology, careful balancing of competing interests, and clear policies implemented, before such policing devices are implemented.  But I don't see it happening!  And I don't like the idea of Big Brother knowing where I choose to shop, or vacation, or what movies I choose to see!  What do you think?  

Tuesday, July 5, 2011

Pork Chops, Partying, and Paramours: Motives in Criminal Cases

[Photo from myrecipes.com]
Can you imagine murdering someone over a pork chop!?  As a former federal and state prosecutor, (and currently, as an Augusta, Georgia criminal defense lawyer), I have always been amazed at some of the motives, or reasons, why criminal defendants committed various crimes.  For instance, we have recently seen, in the Casey Anthony murder trial, a lot of evidence offered by the State concerning why she allegedly murdered her daughter, Caylee Anthony.  The state's evidence of motive reportedly centered around Casey Anthony's alleged desire to kill her daughter, so she could return to a single, partying lifestyle.  Of course, the defense attorneys deny such proof of motive existed.

But as a former prosecutor and criminal attorney, I have seen many other, even stranger, motives for crimes.  For example, as alluded to above, I once prosecuted a man for murdering his son because the son had come home from work and eaten the last pork chop which the father had cooked. 

Also, as a former Assistant U.S. Attorney, I once prosecuted a greedy bookkeeper for stealing elderly nursing home patients' money, so she could satisfy her clothes shopping addiction. 

Finally, in one of my strangest murder cases, I also once prosecuted a father for murdering his daughter's paramour, because of jealousy.  Incredibly, the father, who had had an intimate relationship with his adult daughter, simply wanted to eliminate his competition for her favors and affection.

Perhaps there are as many motives for crimes as there are crimes.  Don't you agree?  Have you ever heard or read about any unusual motives for crimes?  By the way, I claim the last pork chop!

Monday, June 27, 2011

Lessons from Blago's Case: Former Governor Rod Blagojevich Convicted on 17 Counts

[Photo from Wikipedia]
Today, various news reports indicate that former Illinois Governor Rod Blagojevich was found guilty on 17 felony counts in federal court.  The charges include conspiracy, soliciting a bribe, and wire fraud.  The charges relate, among other things, to Blago's attempt to sell the U.S. Senate seat of former Senator Obama, after the latter became president.  Blago was also reportedly found not guilty on one count by the federal jury, which also could not agree on two other remaining counts.  Sentencing will be held at a later date. 

Here's my take on the verdict, as a former federal prosecutor and, currently, as an Augusta, Georgia criminal defense attorney.  First of all, it appears that the federal prosecutors made a wise move by streamlining the case.  For instance, since the last trial, last year, which ended in a hung jury on most counts, the prosecution dismissed a number of counts, (including a complex RICO count), and made the criminal case much easier for the jury to digest.  No doubt the government also learned from their experience in the last trial about who made good, credible witnesses and who did not. 

Finally, it is interesting to note that, in the last trial, Blago elected not to testify and he clearly did much better than in this trial, in which he testified.  Some criminal lawyers believe a jury will often hold it against a defendant who elects not to testify.  However, perhaps this trial illustrates that each case is different and that, sometimes, it may be best for a defendant to elect to stay off the stand. 

What do you think about a defendant's decision not to testify?  Would you hold it against him or her for not testifying, even though the judge will instruct you not to do so?

Of course, perhaps another lesson to be learned from Blago's case is that, if you are a politician, you shouldn't try to solicit a bribe in exchange for a political favor!

What do you think about the result in the Blago case?  Is the problem of political corruption better or worse today than in the past?

Wednesday, June 15, 2011

Movies About White Collar Crime: Psycho

[Photo from extramina.com]
What are your favorite movies about white collar crime?  One of my favorites is the Alfred Hitchcock classic movie, Psycho, starring Janet Leigh and Anthony Perkins, as the infamous Norman Bates.  You might not have considered this horror classic to be a movie about white collar crime.  But, in one sense, the plot actually revolves around it.  You will recall that Ms. Leigh's character ended up at the Bates Motel after she had embezzled $40,000 in cash from her employer.  Of course, thereafter, what Norman Bates did to her was certainly not a white collar crime!
Again, what are some of your favorite movies which involve white collar crime?