Former Texas Congressman Tom DeLay Wins Appeal

[Tom DeLay's photo from "Dancing With the Stars" from wikipedia]

Did you hear the news? According to various news reports, a Texas appellate court has set aside the money laundering conviction of former Texas Congressman Tom DeLay. You may recall that DeLay had been convicted of allegedly funneling $190,000 in corporate contributions through his political action committee to various local state Republican candidates. Texas law generally forbids corporate contributions to state candidates. But Texas law also requires that, as an essential element, in order for it to be money laundering, the funds in question must, in fact, be illegally obtained funds.

In setting aside DeLay's conviction, the two-one court majority found that the State had failed to prove that the money which DeLay donated to the local candidates was, in fact, tainted money.

This case illustrates the point that prosecutors must be sure that they can prove each and every element of a criminal charge BEFORE seeking an indictment. As a former federal prosecutor, I faced the same challenge on each federal indictment I sought.

Naturally, DeLay is reportedly elated over the appellate court's decision. It remains to be seen whether or not the district attorney will appeal to the highest Texas appellate court. But one can only hope, in my opinion, that they will get their ducks in a row before proceeding any further on such a questionable course. In my opinion, this was a rank, ill-advised political prosecution from the beginning. The appellate court's finding certainly supports that conclusion!  What do you think?

Don Lepre, Fraud, and Lessons About Missing Court

[Photo from dailymail.co.uk]

As a former federal prosecutor and, currently, as an Augusta, Georgia criminal defense lawyer, I can tell you that one important lesson I have learned about criminal cases is that -- no matter what else happens -- you must always show up at court on time.  You must never keep a judge waiting! 

Well, according to news reports, Mr. Don Lepre, the so-called "King of Infomercials," has apparently never learned this lesson.  Lepre has reportedly now been arrested in Tempe, Arizona by U.S. Marhals after missing his arraignment, which was scheduled for earlier this week in Phoenix.  If he had appeared in court, Lepre had reportedly been expected to enter a not guilty plea to federal fraud charges.

The fraud charges, including conspiracy, mail fraud, wire fraud, and money laundering, reportedly revolve around Lepre's business, the "Greatest Vitamins in the World."  The indictment alleges, among other things, that numerous victims were promised money which they never received for selling vitamins.  Of course, Lepre has a right to enter a not guilty plea and a right to a jury trial.

But first, Lepre apparently must learn to show up at court!  And I am quite confident that a federal judge will now teach him this important lesson and ensure he shows up from now on!