UPDATE REGARDING FISA MEMO

[Photo from wikipedia]

Here's a tart response today to the FBI and DOJ complaints about the FISA memo's release from the House Intelligence Commitee Chairman Devin Nunes at the House's website:

“Having stonewalled Congress’ demands for information for nearly a year, it’s no surprise to see the FBI and DOJ issue spurious objections to allowing the American people to see information related to surveillance abuses at these agencies. The FBI is intimately familiar with ‘material omissions’ with respect to their presentations to both Congress and the courts, and they are welcome to make public, to the greatest extent possible, all the information they have on these abuses. Regardless, it’s clear that top officials used unverified information in a court document to fuel a counter-intelligence investigation during an American political campaign. Once the truth gets out, we can begin taking steps to ensure our intelligence agencies and courts are never misused like this again.” 

OUCH!!  It's getting hotter in D.C. and the memo hasn't even been released yet! What do you think?!

Favorite White Collar Crime Movies and American Hustle

[American Hustle Movie Poster From Wikipedia]

As a former federal prosecutor and, currently, as an Augusta, Georgia criminal defense lawyer, I love books and movies about courtrooms and crime.

What is your favorite movie about white collar crime? Some of mine include: The Firm, starring Tom Cruise, Silkwood, starring Meryl Streep, and A Civil Action, starring John Travolta.

But after this weekend, if the critics are correct, I may be updating my personal list of favorites with a new David O. Russell film, called American Hustle. This new white collar crime movie has everything, including good directing, good acting, (with Christian Bale and Jennifer Lawrence, among others), and, apparently, a good, fast-paced script! The film reportedly focuses on the F.B.I.'s use of a two-bit con artist to pull a sting on some crooked politicians!

Speaking of stings, that reminds me of another one of my favorite movies about white collar crime:  The Sting, which starred Paul Newman and Robert Redford!

Here's hoping that American Hustle lives up to its billing and that it becomes one of our all-time favorite movies about white collar crime!

Again, what are some of your favorites?

Randy Quaid and "Christmas Vacation"

Don't you agree that the movie, "National Lampoon's Christmas Vacation," is a holiday classic? In my opinion, actor Randy Quaid, who plays Clark Griswald's (i.e. Chevy Chase's) country bumpkin brother-in-law in the movie, is a primary reason to watch this comedy! I always enjoy Randy Quaid's performances! In the "Christmas Vacation" movie, Quaid has a number of classic lines. For instance, when Clark Griswald fails to get his anticipated Christmas bonus check and instead receives from his boss a "jelly-of-the-month" subscription, Quaid kindly pats him on the back and observes, "Clark, that's the gift that keeps on giving!"

So, you might wonder, what does Randy Quaid or this holiday movie have to do with a blog about white collar crime?! Well, here's the connection! Unfortunately, as you may have read, arrest warrants have reportedly been issued by a California court for Quaid and his wife, based upon their failure to appear and answer fraud charges brought against them by a California inn-keeper. According to Quaid's attorney, the charges are all a mistake. The Quaids have reportedly already paid the inn-keeper in full. Here's hoping that the Quaids are correct and that their defense attorney can straighten out this mess!

But the point of this post is that, no matter whether or not criminal charges are valid, it is always critical that you communicate with your defense lawyer and that you ALWAYS appear in court, as directed! Otherwise, like the Quaids, you might receive a prison sentence and that, my friends, is a "gift that keeps on giving!"

How Can You Represent A "Guilty" Person?

You might wonder if the transition from career federal prosecutor to criminal defense lawyer was difficult for me! I am often asked, "How could you represent someone you know is guilty?"

Well, the transition from prosecutor to defense lawyer was actually an easy one for me! You see, I have learned, over the years, that our criminal justice system, as an adversary system, is sort of like a tug of war. In other words, to work properly, our Constitution and court system require good, strong advocates, both prosecutors and defense attorneys, who are both pulling hard on their respective ends of the rope. It is in this struggle that, in theory, the truth emerges.

I have also learned that, sometimes, a defense lawyer isn't merely trying to "get someone off on a technicality." Each case is different. Often, the defense attorney is simply trying to get a fair result, or sentence, for someone who has admittedly made a mistake and accepts responsibility for their crime.

I have also learned that, sometimes, the police overcharge defendants and that, sometimes, overly zealous police or prosecutors are overly aggressive in the pursuit of "justice." For example, while a defendant may have committed one burglary, the police department may want to "clear the decks" by dumping all their unsolved burglaries on the one hapless defendant. Our Constitution therefore depends upon strong defense advocates who will aggressively fight against such injustices and make the government prove its case, and do so properly. Sadly, over the years, as a former prosecutor, I have seen defendants' rights stepped on, over and over again, by both police and prosecutors. That's the real world, folks!

I have also seen, especially in white collar crime cases, that sometimes the defendant is only technically guilty because of a maze of ambiguous government rules and regulations. Just as defendants shouldn't "get off on a technicality," they likewise need a good, experienced defense attorney to make sure they don't "get convicted on a technicality" either!

And I have also seen that even the fiercest law and order advocates always want a good defense attorney when it's their own loved one who is in trouble!

Finally, if you ask me how I can defend a "criminal," I will respond that I have also learned that, sometimes, the government makes mistakes! More simply put, as a wise old judge once told me, "Richard, sometimes people are, in fact, innocent!"

So, don't you see, I have no problem at all in representing a so-called "guilty" person! Our Constitution and our adversary system depend upon it. For each of these reasons, our family of defense attorneys at The Goolsby Law Firm will continue to fight the good fight and we'll just keep on tugging on our end of the rope!

What do you think? Does our adversary system work? And how about you, could you represent a person accused of a heinous crime?!

Bernie Madoff and The "Corporate Perp Walk"

By now, we have all seen photographs in the news of Bernard "Bernie" Madoff, the convicted swindler and ponzi scheme perpetrator who ripped off billions of dollars from investors and is now serving a 150 year prison sentence. In my opinion, his crimes are deplorable and he is despicable. But what did you think about the staged photographs taken of Madoff, shortly after his arrest, while he was in handcuffs? Was this practice proper? In the criminal justice lexicon, this staged practice involving government agents parading an arrested white collar criminal (or perpetrator) before news media photographers is known as the "corporate perp walk." The apparent goals include fostering a public image of guilt for a prominent public figure and perhaps whetting the public's appetite for a guilty verdict. As a former federal prosecutor, even as to those, like Madoff, accused of heinous crimes, I did not believe in allowing government agents to conduct a "perp walk." I believe that, if they are guilty, then you should prove it inside the courtroom, not outside the courthouse. I once recall a situation in which agents, intent on getting their news headlines and "perp walks," raided a small town bank in south Georgia, while armed and wearing raid jackets. The agents must have resembled storm troopers. The incident terrified innocent bank customers and bystanders, along with the arrested bank officials. It was a disaster! And it was unethical and perhaps unconstitutional, in my opinion, to stage such a "perp walk." As to Madoff, while we all are disgusted with his crimes, and while we may believe 150 years may be too lenient, we still can believe the government should go about its job in a professional manner. And, in my opinion, that means dispensing with the "perp walks."

Practical Tips On How To Find A Good Criminal Defense Lawyer

In this blog, we at The Goolsby Law Firm, LLC. (http://www.goolsbylawfirm.com/) want to not only provide you with some interesting information about Georgia law pertaining to white collar crime (and other criminal law topics), but also to give you some practical, useful information about criminal law matters, too. For example, here are five helpful tips or ideas to consider when you need to find and select a criminal attorney:

1. Talk to Family and Friends: First of all, when looking for a lawyer, we recommend that you start by asking family members and friends about criminal defense attorneys they know or perhaps have retained in the past. Even in this internet age with an overabundance of available information, there still is no substitute for a personal recommendation from someone you trust. And when you talk with your family members and friends, be sure to ask alot of questions about the attorney they have used or recommend: For example, ask about the attorney's experience in criminal law and whether or not the attorney gave them good, personal service. Also, ask about the attorney's fee schedule, (i.e. how much do they cost), and be sure to ask whether or not the attorney promptly returned their phone calls. Finally, ask questions to learn whether or not your family member or friend believed they got a good or fair result and whether or not they would use the attorney again.

2. Consult with (Bar) Referral Services: If you, your family members and friends don't know any attorneys, then you might consider contacting a lawyer referral service. Of course, if you are in a pre-paid lawyer referral service at work, then you may have to go this route. But your state or local bar association will also be a source of information about attorneys.

3. "Let Your Fingers Do the Walking....: Even though the trend in lawyer advertising is away from print media and toward the internet, you can still begin your criminal defense lawyer search by thumbing through the yellow pages of your telephone book. You will notice that there are attorneys who practice in a number of different areas of the law. Obviously, you want to focus on those attorneys who advertise in the area of criminal law matters. Also, if you have a federal criminal case, then you need to make sure that you focus on prospective attorneys having federal court experience. You may also consider whether or not the criminal defense attorney has prosecution experience in their background. As to the law firm advertisements, many of the ads will also refer you to the law firms' websites. Go there and get even more information to help you decide whether or not the criminal defense law firm merits a telephone call for a consultation. And one more bit of advice: We at The Goolsby Law Firm, LLC. recommend that you consider contacting criminal defense attorneys, like us, who offer a FREE INITIAL CONSULTATION! At our law firm, you can call and talk freely with a criminal defense attorney about your legal problems by simply calling us at (706) 863-5281. But be careful! Not all criminal defense lawyers offer a free consultation. Please be sure to ask the receptionist before you make an appointment!

4. Find a Lawyer Over the Internet: Finding an attorney over the internet is becoming one of the most common ways that people make their lawyer selections. There are several ways to accomplish this. The most obvious way is to simply sit at your computer and type in the key words, such as "augusta, Georgia criminal defense lawyers," or "augusta criminal attorneys," in one of the search engines. Of course, if you do not refine your search terms by confining your search to "Augusta, Georgia," then you may also get a plethora of choices from Augusta, Maine! You can also search online by going to online referral services, such as http://www.findlaw.com/. This will give you a large number of lawyers and law firms to choose from. Then, you can refine your search by going to the websites of the various criminal defense lawyers that appeal to you. Again, we also advise you to check whether or not the attorneys offer a free initial consultation.

5. MEET THE LAWYER: And finally, no matter which method of finding a lawyer you utilize, we strongly urge you not to simply rely on what family or friends, or ads, or internet websites say. Instead, it is important that you meet with the prospective attorney, in person, to size them up, before you make your final decision! After all, when you select a criminal defense attorney to represent you, you should be satisfied that you have carefully found a lawyer who is not only an experienced criminal defense attorney, but also someone in whom you have complete confidence to handle one of the most important matters affecting your life. If you need to talk with an Augusta, Martinez, or Evans, Georgia criminal defense lawyer, please feel free to call us for a FREE INITIAL CONSULTATION at (706) 863-5281.

A PROFILE OF RICHARD H. GOOLSBY, SR.

The Goolsby Law Firm, LLC. is a father and son general law practice, conveniently located at 4416 Columbia Road, Ste. 100, in Martinez, Georgia, just outside Augusta, Georgia.

Richard H. Goolsby, Sr., son and grandson of Southern Baptist preachers, has been an attorney and member of the Georgia State Bar for over 30 years. He is a 1978 graduate of the University of Georgia School of Law. He is also an experienced former prosecutor, including 6 years as a state prosecutor and over 20 years as a federal prosecutor in Augusta, Georgia.

Before going into private practice in 2007, as an Assistant U.S. Attorney, Richard Goolsby, Sr. was the lead prosecutor in some of the largest, most complex federal criminal cases ever prosecuted in the history of the State of Georgia. These cases include the successful recent public corruption prosecution of State Senator Charles Walker, along with his prosecution of the Healthmaster Medicare fraud case, the largest home health care prosecution in U. S. history. In each of these complex white collar crime cases, Goolsby handled over a million pages of documentary exhibits. In addition, Goolsby successfully prosecuted the largest vote-buying case in U.S. history, (Dodge County, Georgia: 28 defendants tried and convicted). While an Assistant U.S. Attorney for over 20 years, Richard Goolsby, Sr. also won 3 prestigious Department of Justice awards for his significant federal prosecutions, along with the 2007 Common Cause of Georgia Democracy Award. In sum, Richard Goolsby, Sr. is one of the most experienced former federal prosecutors and criminal defense lawyers throughout the State of Georgia who now handles criminal law defense in both state and federal courts in a wide range of criminal cases, from complex fraud cases, tax evasion cases, and other white collar crimes to drug and firearms cases.

Along with his son, Richard Goolsby, Jr., (a 2006 graduate of Mercer Law School and a "rising star of the Augusta bar"), Richard Goolsby, Sr. and The Goolsby Law Firm, LLC also handle all types of family law matters, including Georgia divorce, adoption, child custody, and child support cases, along with personal injury, wrongful death, and medical malpractice cases, and other general litigation. The Goolsby Law Firm, LLC., which offers FREE INITIAL CONSULTATIONS, (706) 863-5281, includes two Augusta, Georgia lawyers, father and son, who focus on providing experienced, personal service for all their clients’ legal needs. If you need an attorney in the Augusta, Georgia area, or anywhere in Georgia, then please call our law firm now, at (706) 863-5281, for a FREE INITIAL CONSULTATION, directly with an attorney, and let our family of Augusta lawyers help you and your family!