FORMER ABSCAM DEFENDANT FACES NEW CHARGES

[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.

OHIO STATE HOUSE SPEAKER ARRESTED

  The United States Attorney for the Southern District of Ohio announced today that Larry Householder, the Speaker of the Ohio State House of Representatives, has been charged along with four others with helping to pass a nuclear bailout bill in exchange for nearly $61 million in bribes.  The bill added a surcharge for energy consumers to help raise $150 to bail out two unprofitable nuclear plants.  This is reportedly the largest bribery case in Ohio history.

As a former federal prosecutor in the Southern District of Georgia, I once prosecuted Georgia's former Senate Majority leader in a fraud and public corruption case.  So, I know how tough such complex criminal cases can be!

Of course, all defendants are entitled to a presumption of innocence unless and until convicted beyond a reasonable doubt.

FORMER SOUTH KOREAN PRESIDENT SENTENCED

[Photo of Lee Myung-bak from wikipedia]

    As a former federal prosecutor in Augusta, Georgia, I prosecuted a number of public corruption cases, including one against the State of Georgia's former Senate majority leader.  Of course, public corruption cases are not restricted to the United States.

    According to various news sources, former South Korean President Lee Myung-bak, (2008-2013), was sentenced today to serve 15 years in prison on bribery and embezzlement charges.

MANAFORT FOUND GUILTY ON EIGHT COUNTS

[Photo from wikipedia]

     As you have probably heard by now, former Trump campaign chairman and businessman, Paul Manafort, was convicted by a jury in federal court yesterday on eight counts of tax and bank fraud. The jury was reportedly unable to reach a verdict on the ten remaining charges. Sentencing will be at a later time.  Manafort also still faces other federal charges in the D.C. district.

As a practical matter, being convicted on even one count, in federal court, which utilizes the federal sentencing guidelines, is sufficient for a federal judge to consider all relevant conduct in imposing sentence. And there is no parole federally.
    

CLOSING ARGUMENTS IN MANAFORT TRIAL: HOW LONG IS TOO LONG?

[Photo from wikipedia]

Today, closing arguments began in the criminal trial of former Trump campaign coordinator Paul Manafort.  According to various news reports, both sides asked the Judge for up to two hours for closing arguments.  Judge T.S. Ellis reportedly voiced skepticism about the lawyers being able to keep the jury's attention for that long!

What do you think? Should closing arguments be kept under an hour? Are jurors less attentive than they were one hundred years ago, when closing arguments often lasted for hours?

As a former federal prosecutor in Augusta, Georgia, I handled a few major complex fraud and public corruption cases in which my closing argument reached 90 minutes in length. However, I always tried to remember that if you talk too long, you will lose your jury!

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?

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.