Friday, March 01, 2013

Claudio Osorio pleads guilty

But not before Judge Altonaga. He was scheduled to plead before her this week, but she recused. The case was reassigned to Judge Dimitrouleas and he took the plea today to two counts of conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349, and one count of conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956(h). AUSA Lois Foster-Steers is prosecuting the case.

Thursday, February 28, 2013

Verdict in Steiner case

The verdict is in for Steve Steiner and Henry Fecker. It was a 54 count indictment. Fecker was found not guilty of all counts and Steiner was found not guilty of about 75% of the counts. Trial was before Judge Kathy Williams.

Wednesday, February 27, 2013

Interesting Jury Question in Khan case (UPDATED)

And here's Judge Scola's response:

Thanks very much to my tipster!

UPDATE -- here's the latest question.  Fascinating!

Another Kahn Question by

Verdict(s) today?

The juries are out in the Pakistani Taliban case and the Steve Steiner Mutual Benefits money laundering case.  If you hear anything, shoot me an email and I will post it.  Thanks!

Tuesday, February 26, 2013

Why won't the Supreme Court hear a prosecutorial misconduct case

There have been a bunch lately, but the Court keeps turning them away.  Justice Sotomayor issued a rare statement condemning the prosecutor (joined only by one other Justice), but why won't the Court take these cases? 

From her conclusion:

It is deeply disappointing to see a representative of the United States resort to this base tactic more than a decade into the 21st century. Such conduct diminishes the dig nity of our criminal justice
system and undermines respect for the rule of law. We expect the Government to seek justice, not to fan the flames of fear and prejudice. In discharging the duties of his office in this case, the Assis tant United States Attorney for the Western District of Texas missed the mark. 
 
Also troubling are the Government’s actions on appeal. Before the Fifth Circuit, the
Government failed to recognize the wrongfulness of the prosecutor’s question, instead
calling it only “impolitic” and arguing that “even assuming the question crossed the line,” it did not prejudice the outcome. Brief for United States in No. 11–50605, pp. 19-20. This prompted Judge Haynes to “clear up any confusion—the question crossed the line.” 478 Fed. Appx. 193, 196 (CA5 2012) (concurring opinion). In this Court, the Solicitor General has more appropriately conceded that the “prosecutor’s racial remark was unquestionably improper.” Brief in Opposition 7–8. Yet this belated acknowledgment came only after the Solicitor General waived the Government’s response
to the petition at first, leaving the Court to direct a response.
 
I hope never to see a case like this again.