Jay Weaver wins award

Well dear readers, I am in the Atlanta airport waiting to come back to Miami after arguing in the 11th Circuit before Judges Carnes, Tjoflat, and Hood. It was an interesting argument concerning venue and multi-object conspiracies. I am sure you all are fascinated.

In any event, here is a link to an article about Jay Weaver's award for his Medicare coverage. Congrats to Jay. Hat tip to BT.

I hope to see you all tomorrow at Ben Kuehne's fundraiser and on Friday at the bench and bar conference.

Justice Stevens and Judge Gonzalez

U.S. Supreme Court Justice John Paul Stevens and District Judge Jose Gonzalez spoke yesterday at the University of Florida. Here's the UF newspaper article about the event:

Associate Justice John Paul Stevens, of the U.S. Supreme Court, and Jose A. Gonzalez Jr., U.S. District Court Judge, agreed on a litany of legal issues at an on–campus discussion Monday.Stevens and Gonzalez gave advice and commented on the legal system to about 1,000 people at the Phillips Center for the Performing Arts in the inaugural event of the Marshall Criser Distinguished Lecture Series.Two UF law professors and a third–year law student asked the two men questions submitted by law students during the “conversation.”
Stevens and Gonzalez both agreed that legal opinions have gotten too long, and that it might be influenced by the introduction of computers.“It’s a lot easier to type something up than it is to write it out, especially if you have lousy handwriting,” Stevens said.When Stevens said he was a fan of footnotes, but thought they were optional reading, Larry Dougherty, the third–year law student, interjected.“Justice Stevens, some of our professors here have us under the impression that footnotes are required reading,” he said to laughter from the audience.Sharon E. Rush, one of the two law professors asking questions, assured the audience she still wants her students to read footnotes.Getting a little more serious, Gonzalez talked about the issue of judges’ salaries, saying they are not paid what they are worth.“We’re spending billions of dollars on the war in Iraq, and we can’t afford to compensate a handful of federal judges. That’s crazy,” he said, to perhaps the loudest applause of the conversation.Stevens agreed and complimented Gonzalez on his eloquence.When asked what advice they would give to the law students, Gonzalez joked he would give the same advice he’s given other people: “Don’t sue people that don’t have any money because there’s no future in it.”Stevens advised students to develop a reputation as a person of honor.“Nothing is more important to a lawyer than his word,” he said.In one of the last questions of the event, both judges agreed on which Supreme Court justice in the nation’s history they would speak to if they had the chance: Justice John Marshall.“He was a very interesting man who lived in very interesting times, and he had a very interesting personality,” Gonzalez said.

"We are the red-headed, jug-eared freckle-faced, buck toothed bastard stepchildren of the federal government."

That's Kathy Williams, the Federal Defender of our District, in The Daily Business Review article that covers her and her office here. Another great quote from Kathy in this glowing article: "Your mechanic and your plumber makes more than a CJA lawyer."

She is the best federal defender in the nation so this article is well-deserved. And yes, she is my former boss so I am biased.

Friday news and notes

1. Ellen Podger's wish list for Obama and the next AG on white collar criminal issues.

2. Julie Kay covers Ben Kuehne's fundraiser.

3. Vanessa Blum is all over the federal courts.

4. Jay Weaver is on top of medicare fraud.

5. Lanier Anderson is taking senior status in January. Who is going to take his slot?

6. Justice Scalia is sorry for being mean and wrong.

UBS exec indicted in tax probe

Very interesting case. (Here's the AP and the Daily Business Review) All of the criminal defense lawyers in town were scanning the paper this morning to see who represented defendant Raoul Weil, a top executive at UBS. Weil isn't here in the US, but he hired New York lawyer Aaron R. Marcu from Covington & Burling. Here's the indictment.

I still haven't figured out formatting with this new Blackberry Bold, so I will post more info and the indictment when I get to the office later today. In the meantime, anything going on that you all wanna discuss?

Ben Kuehne

This email invitation is making the rounds. Should be quite an event:

PLEASE JOIN CO-CHAIRS The Honorable Gerald Kogan & Robert Josefsberg

AND HOST COMMITTEE MEMBERS

The Florida Association of Criminal Defense LawyersThe Miami Chapter of the Florida Association of Criminal Defense LawyersRay Abadin, Robert Ader, Frank Angones, Jeffrey S. Bass, David Bogenschutz, Ron Book,Bennett Brummer, Richard Burton, Bob Butterworth, Jennifer Coberly, Kendall Coffey,Hank Coxe, Alan Dimond, Steven Eisenberg, Peggy Fisher, Rick Freedman, Tomas Gamba,Mayor Joseph Geller, Ervin Gonzalez, Jonathan Goodman, Fred Haddad, Larry Handfield, ArturoHernandez, Richard Hersch, Robert Hertzberg, Milton Hirsch, Elizabeth Hitt, Dennis Kainen,Hank Klein, Joe Klock, Thomas Korge, Albert Krieger, John Lazarus, Hector Lombana, BruceLyons, Wallace Magathan, David Markus, Amanda Maxwell, Jon May, Richard Milstein, MichaelMoskowitz, Jorge Mursuli, Pam Perry, Mark Raymond, Bill Richey, David Rothman, FrankRubino, Leonard Sands, Mark Schnapp, Joseph Serota, Richard Sharpstein, Angela Sherrill,John K. Shubin, Lisa Sloat, H.T. Smith, Russell Smith, Ed Strongin,Brian Tannebaum, Rod Vereen, Stanley Wakshlag, Mayor Otis Wallace, Jeffrey Watson

FOR A RECEPTION & FUNDRAISER TO BENEFIT
THE BENEDICT P. KUEHNE, LEGAL DEFENSE FUND
CHRISTABELLE’S QUARTER

3157 Commodore PlazaMiami, Florida 33133THURSDAY, NOVEMBER 20, 20086:00 P.M. – 8:00 P.M.Suggested Contribution of $200.00 Payable to“Benedict P. Kuehne, Legal Defense Fund”If unable to attend, kindly send contribution toShubin & Bass46 S.W. 1st Street, 3rd FloorMiami, Florida 33130R.S.V.P. to Nydia Marrero at305.381.6060 or nmarrero@shubinbass.com Complimentary Valet Parking

Back to blogging

So, for the past month I have been in West Palm Beach, trying a criminal antitrust case before Judge Hurley. The blogging has been sporadic, and I apologize. But I am back and feeling good after hearing those two magic words -- not guilty. What a relief! (Congrats to my co-counsel, David Gerger and Jennifer Johnston, and to the lawyers for the co-defendant, Paul Calli and Mike Pasano).

This was my first trial before Judge Hurley in West Palm Beach. What a pleasure. He really enjoys being a judge and delving into legal issues. The jurors loved him and he made the case easy to try for both parties.

The prosecutors were from DOJ in Washington, DC. They were very fine attorneys, who were professional and courteous before, during and after the case.

The jurors were great too -- they spoke to us in the parking lot and congratulated us and hugged the client. I wish I could have this client for all of my cases....

All in all, it was a wonderful experience. Back to blogging.

Don't make me angry. You wouldn't like me when I'm angry.

Ah, those spell checkers... Today the Herald's op-ed pages support Judge "Hulk's" decision in the Joe Cool case. Judge Hulk is discussed throughout the op-ed, which I agree with wholeheartedly... Here's the intro:

Better late than never. This is the best that can be said about U.S. District Judge Paul Hulk's decision last week to throw out four guilty verdicts against a Hialeah security guard whose gun was used in the murders of a Miami Beach charter-boat captain and crew. It's a pity that Judge Hulk didn't realize the mistake earlier -- during trial -- when it could have spared the victims' grief-stricken family members another round of trauma.
Relatives of charter-boat captain Jake Branam, his wife and two crew members were initially relieved with the guilty verdicts against Guillermo Zarabozo, 20. The jury had convicted Zarabozo of providing one of the guns used to kill the captain and crew of the charter boat Joe Cool. However, the jury was deadlocked on 12 other charges against Zarabozo alleging conspiracy, kidnapping and murder. Zarabozo faces a retrial on those charges on Jan. 20, and the dismissed weapons charges should be added to that case.
Jury sought clarification
The jury obviously was confused in its deliberations. It sent a note to Judge Hulk asking for clarification of whether Zarabozo would ''automatically'' be considered a participant in the kidnappings and murders if he brought the gun aboard the boat not knowing that crimes would be committed. The judge didn't clarify the point, and sent them back to deliberate.
That was a mistake, Judge Hulk said last week. He acknowledged that he should have told the jurors they could find Zarabozo guilty of the gun charges only if they also found him liable for the kidnappings or deaths. It is rare for a judge to publicly admit to a trial error, especially after a verdict has been rendered. For this, Judge Hulk deserves credit. It took courage and conviction for him to do so.