Sunday, April 12, 2009

Back from Spring Break

Well, spring break is over, and you can feel it -- it already feels like summer outside. I'm already missing the blast of cool air from last week.

This week, we'll be sure to hear the Castroneves verdict.

Last week, I missed the 11th Circuit's opinion in Gen. Noriega's case. Looks like he is headed to France (!!). The Federal Criminal Defense Blog -- run by friend of blog Tom Withers -- has all the details.

Liberty City is still moving along. They've had 36 trial days -- Defendant Batiste is on the stand now...

Vanessa Blum covered the Riolo Ponzi scheme here. She raises the interesting question of whether trustees and receivers do more harm than good for investors. South Florida Lawyers covers a similar question here. Friend of blog David Rothstein in the Blum article:

As attorney David Rothstein of Miami put it: "People who perpetrate Ponzi schemes typically don't keep very clean records."Rothstein represents victims of another alleged Ponzi scheme under investigation in South Florida. In that case, federal regulators say George Theodule of Lake Worth raised more than $40 million, using fresh funds to repay earlier investors.

Theodule misappropriated at least $3.8 million to purchase expensive luggage, electronics, artwork and jewelry, according to a civil lawsuit filed in December by the U.S. Securities and Exchange Commission.Theodule's attorney, Russell Weigel of Miami, said his client disputes the allegations.To the frustration of his investors, Theodule has not been charged with any criminal activity. And according to Rothstein, it's unknown how much of the money entrusted to Theodule is left."Typically, when people live large, the money evaporates," Rothstein said.

Finally, you'll notice a new comment policy on the blog. You gotta sign in first. You can still post under an alias, but I think this will add a bit more accountability. We'll see how it works.

3 comments:

Commodore said...

The new comment policy is not HOT.

South Florida Lawyers said...

Any partner of Scotty Dimond is a friend of my blog, too.

Commodore said...

PROSECUTORIAL ACCOUNTABILITY
RECOMMENDATIONS
1) States should require that prosecutors’ offices
adopt and enforce clearly defined policies
and procedures.
2) S tates should require open-file discovery in
criminal cases.
3) States should require that prosecutors document
all agreements with witnesses and
jailhouse informants, especially concerning
conferment of benefits of any kind.
4) States should require trial and appellate
judges to report all cases of prosecutorial
misconduct—including cases where the misconduct
is ruled to be harmless error.
5) States should establish a prosecutorial review
board with the power to investigate allegations
of misconduct and impose sanctions.
6) States should require that prosecutors participate
in training and continuing education
programs.

Here is the link to the report:

http://amlawdaily.typepad.com/JusticeProjectReport.pdf