Wednesday, January 27, 2010

Ho hum

Scott Rothstein finally pleaded today. (Here's the agreement.) And Kim Rothstein made an appearance:



And there were even scuffles outside the courtroom.

UPDATE -- so I read the Rothstein plea agreement. It's pretty standard stuff. Things that jumped out at me about it -- the government agreed that if the guidelines are life, they will agree to a downward variance. I think that's quite a concession and one I rarely see in plea agreements. Second, Rothstein agreed to waive his right to appeal and to waive his right to a habeas proceeding. That means that Judge Cohn can sentence Rothstein anywhere from zero to life, and Rothstein cannot attack the sentence. He will have to eat whatever Judge Cohn gives him. (I never understood how a defense lawyer can agree to have his client waive his habeas rights -- if the defense lawyer is ineffective, how can he advise his client to waive that?)

Sick of the Rothstein stuff.... well, fellow geeks, check out this 7th Circuit opinion on Dungeons and Dragons -- finding that it's a threat to prison security! Above The Law covers it here. HT: SB.

Tuesday, January 26, 2010

1 millliooooon dollars


While Scott Rothstein's alleged $1.2 billion Ponzi scheme has proved a tragedy to hundreds of former employees, creditors and investors, it has been a boon to one group -- South Florida's lawyers.
According to experts, when all is said and done, the case will result in legal fees topping $15 million. That figure includes fees to the receiver, Herb Stettin; the two law firms he hired to assist him; a cadre of lawyers and firms hired by creditors and the attorney for the creditors' committee; defense fees for banks, insurance companies and other sued parties; and fees paid to all the criminal defense lawyers hired by Rothstein partners, associates and family members.
``This is like the lawyer's relief act,'' said Guy Lewis, a Miami attorney and former U.S. attorney who has served as receiver in numerous Ponzi/fraud cases. ``It's going to be an eight-figure case. It's probably the biggest receivership in the country right now.''

Monday, January 25, 2010

Bedtime stories

Two articles worth a look:

1. "After 34 Years, a Plainspoken Justice Gets Louder" in the New York Times about Justice Stevens. HT: Rumpole

2. "U.S. Attorney candidates face attacks from old adversaries" in the St. Pete Times about the fighting to become U.S. Attorney in the MDFLA. HT: SFLawyers

Who dat

Looking forward to the Saints/Colts Superbowl. Thank goodness it's not the Jets.

What up people?

Anyone in trial?

Bob Norman was at the Scott Rothstein auction and took some video here.

Here is the Florida Bar's webpage addressing its Haiti relief effort.

That's all I got for you this Monday morning. Hit me up with some news.

UPDATE -- Curt Anderson covers the Supreme Court's decision not to review Manuel Noriega's case.

Friday, January 22, 2010

Justice Stevens has a bad day

Yesterday was a big day in the Supreme Court with the campaign finance decision. But it was also noteworthy because those in the courtroom noted that Justice Stevens was having some trouble reading his dissent. Many have speculated that Justice Stevens is going to retire at the end of the Term, in part because he's hired only one clerk. From the BLT:

It's rare, and always dramatic to watch, when a Supreme Court justice reads from a dissent on the bench. On Thursday, when Justice John Paul Stevens read at length from his stinging 90-page dissent in Citizens United v. Federal Election Commission, it was also a little painful to watch.
For more than 20 minutes, Stevens spoke haltingly as he read from a summary of the dissent, a task he'd ordinarily breeze through. The 89-year-old justice seemed off his game, tripping on some words, getting stuck on others. At one point, he kept mispronouncing the word "corporation" as something like "corpo-russian," and he could not quite get it right.
As CBS News Court correspondent Jan Crawford noted on
her blog with similar observations, "Maybe it was just a bad day, and Lord knows we’ve all had those." And the written product is more important than how it was read aloud. But with a justice who is said to be on the verge of retiring at the end of this term, and in a case of such high impact, it was hard not to notice Stevens' tough morning.