Thursday, August 21, 2008

"A rising legal star in Miami agrees to plea bargain involving mail fraud, laundering charges "

That's the headline from the National Law Journal article about Richard Simring. Here's the intro:

A rising Miami legal star and community activist has quietly agreed to a plea deal in which he has pleaded guilty to conspiracy to commit mail fraud and money laundering in connection with his role as in-house counsel to an indicted billionaire businessman. Few in Miami have known that Richard Simring, a former partner at Stroock Stroock & Lavan and Jorden Burt, plead guilty in July in the Eastern District of Virginia and is facing possible suspension of his Florida Bar license. Simring took the plea deal, in which he faces a possible five years in prison and must testify against his former boss, before a grand jury could indict him, according to his lawyer, Brian Tannebaum of Miami's Tannebaum Weiss. "He's taking responsibility for what the government says he did," Tannebaum said. "He didn't want to roll the dice and face…a jury." Simring was charged in connection with his role as chief legal counsel to Ed Okun, a Carmel, Ca., billionaire who operated the "1031 Tax Group." The company was one that specialized in 1031 tax exchanges, a way to defer capital gains taxes by exchanging one investment property for another. U.S. v. Richard Simring, No. 3:08cr00321-REP (E.D. Va.).

Very sad.

UPDATE -- I re-read the article and this struck me:

Simring, according to the information, told Okun that he must stop transferring client funds and that he risked going to jail. In 2007, Simring became aware that Okun was continuing to misappropriate millions from clients and was on the verge of insolvency, according to the information. That's when the Okun resigned and Simring was appointed interim chief executive officer. According to the information, Simring complied with Okun's orders to continue transferring millions of dollars of client money. Simring resigned three days after assuming the role of CEO. Okun's company soon after filed for bankruptcy.

Three days!

Tough times

From AboveTheLaw (which has a new editor):

* It looks like 2008 will be the worst year for law firms since 2001. The American Lawyer says the "silver lining" is that firms can "winnow out unproductive lawyers and apply greater discipline to expense control." In other words: more layoffs, less perks. [American Lawyer]

* Law firms are not the only ones suffering. Florida courts will cut 250 positions by October 1. [Daily Business Review]

Tuesday, August 19, 2008

Random questions from the last two days

Did you work on Monday and Tuesday this week?
Yes, I went to the office both days
Yes, I worked from home
No, I played Guitar Hero at home
Free polls from Pollhost.com



And for the comments:

How many billable hours were lost in the rain?

Did BigLaw make their secretaries work?

Should the federal courts track the school closures?

If the court is closed, should you be able to e-file motions?

Sunday, August 17, 2008

Federal court in Miami closed Monday & Tuesday

UPDATE -- because the SDFLA tracks Dade County Schools, Miami federal court will be closed Tuesday.

Here's the notice from the court website:

AUGUST 17, 2008, 7:30 p.m.Federal District Court Operations and Tropical Storm Fay
The U.S. District Courthouses in Miami-Dade, Broward, and Monroe Counties will be closed on Monday, August 18, in accordance with Administrative Order 2007-44. This administrative order mandates that, in the event of hazardous weather that causes the local public schools in a particular county to close, the U.S. District Courthouse in that county will also close. The U.S. District Court closures include the U.S. Bankruptcy Courts.
Jurors have been instructed to call in for further reporting instructions.
At this time, the U.S. District Courthouses in West Palm Beach and Fort Pierce will remain open on August 18 unless the public schools in those locations also close.
Any change to the scheduled closures will be made via media announcements. Changes will also be posted on the Court's website at http://www.flsd.uscourts.gov/

Thursday, August 14, 2008

Rain

That was some storm this afternoon, no?

It wasn't this bad:

But apparently there was an F-1 tornado. Pics here.

Wednesday, August 13, 2008

"I didn't want to go in the life raft. He made me go. He had my gun."

That was Joe Cool defendant Guillermo Zarabozo talking about co-defendant Kirby Archer, who has already pleaded guilty. Zarabozo was testifying today at a motion to suppress.

More from Curt Anderon's AP article:

"What was going through your mind?" asked defense attorney Anthony Natale.
"That I would get shot. He had just shot four people," Zarabozo said.
The hearing Tuesday concerned whether statements Zarabozo made to the Coast Guard and FBI after he and Archer were rescued from the life raft will be allowed at trial. U.S. District Judge Paul Huck ruled those statements could be used because Zarabozo was not under arrest or being interrogated, but simply answering routine search-and-rescue questions.
"That would be a normal Coast Guard procedure and not a nefarious, underhanded attempt by the Coast Guard to obtain criminal information," Huck said.


His trial is scheduled for September.

Juror research

Julie Kay examines the new trend of investigating jurors here.

In last year's federal terrorism case against once-suspected "dirty bomber" Jose Padilla, a team of defense lawyers were sitting at a back table in the Miami federal courtroom with their laptops searching online all the jurors when they discovered one had lied on her jury questionnaire.
The woman, a Miami-area government employee who has not been identified, said she had no personal experience in the criminal system.
It turned out she was currently under investigation for malfeasance, according to Linda Moreno, a Tampa, Fla., solo trial lawyer who served as a jury consultant for one of Padilla's co-defendants. After the judge was informed, she dismissed the juror. See U.S. v. Hassoun, No. 0:04cr60001 (S.D. Fla.).
The Miami case was not unusual. As more and more information on people becomes available on the Internet, through posting on personal blogs, MySpace, Facebook and other social networking Web sites, the Internet has, in the last few years, become an important tool for jury consultants and trial lawyers.
Jury consultants say such sites are a treasure trove of information about potential and seated jurors that can be used in picking the right jurors, bouncing potential jurors and even influencing jurors through the trial and in closing arguments.
To mine the gold, jury consultants have begun turning to private investigators, some of whom have started niche businesses offering Internet jury research and "personality profiling" of jurors.
"If it's within the law, with peoples' lives at stake and millions and millions of dollars at stake, people will do whatever it takes to win a case," said Marshall Hennington, a Beverly Hills, Calif., jury consultant at
Hennington & Associates. "The stakes are getting higher and higher, and it's becoming increasingly difficult to persuade jurors that have strong biases ... so we need information ahead of time. Everything is fair game."

One lawyer suggests it may be unethical to research jurors on the internet. I don't see the argument at all. Thoughts?

Paris in Miami

Paris Hilton has been sued in Miami federal court for not promoting a movie she was in, National Lampoon's Pledge This . The case, available here, landed before Judge Martinez. Here's the Herald article on the case. From the intro:

As if starring in the flop flick National Lampoon's PledgeThis wasn't bad enough, socialite Paris Hilton now has been sued for refusing to promote the film when it was released.
Hilton's breach of contract cost the producers of the film ''lost revenue and profits,'' according to the suit, filed in Miami federal court Tuesday.
A call to Hilton's Los Angeles attorney wasn't immediately returned.
Fort Lauderdale lawyer Michael I. Goldberg, a court-appointed receiver of the film's production company -- The Entertainment Group Fund -- filed the suit against Hilton and her company, Paris Hilton Entertainment.
The Entertainment Group Fund is an affiliate of Worldwide Entertainment Group, a one-time concert promoter that now stands accused of fleecing $300 million from investors.
Entertainment Group paid Hilton $1 million to star in Pledge This, filmed in South Florida.


This should be fun.