The government was asking for 147 years. The over-under was 100 years. So if you took the under, call your bookie -- he was sentenced to 97 years.... With good time, that's about 82 years.
Here's Jay Weaver's coverage.
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Friday, January 09, 2009
Thursday, January 08, 2009
“I’m still clinging to my BlackBerry. They’re going to pry it out of my hands.”
No, that wasn't one of the recently sentenced white-collar defendants in our district. It was our President-Elect Obama. Gotta love the guy. Here's the ABA Journal article on the BlackBerry dispute.
Speaking of Obama, is it possible that he keeps Alex Acosta as U.S. Attorney? Read Julie Kay's article here.
Speaking of Obama, is it possible that he keeps Alex Acosta as U.S. Attorney? Read Julie Kay's article here.
Wednesday, January 07, 2009
News and Notes
1. Pharmed sentencing: 9 years, top of the guidelines. From the Herald article:
Saying she was concerned about maintaining community values, U.S. District Judge Patricia A. Seitz Wednesday sentenced Carlos and Jorge de Céspedes to nine years in prison.
Despite testimony that they had given millions to charity, the judge decided the brothers -- who built up and then destroyed the Pharmed medical supply company -- should be sentenced at the top of the recommended guidelines of seven to nine years.
She said the brothers had been ''two-faced for too long'' and noted that the fraud against Kendall Regional Medical Center had gone for 14 years. The brothers had also pleaded guilty to a count of tax evasion. They will serve the sentences concurrently.
2. Helio Castroneves: The already great legal team adds superstar Roy Black to represent Helio along with David Garvin. Roy's partner Howard Srebnick represents sister Kati, and Bob Bennett and Lily Ann Sanchez represent the third defendant, an attorney. AUSA Matt Axelrod represents the government.
Saying she was concerned about maintaining community values, U.S. District Judge Patricia A. Seitz Wednesday sentenced Carlos and Jorge de Céspedes to nine years in prison.
Despite testimony that they had given millions to charity, the judge decided the brothers -- who built up and then destroyed the Pharmed medical supply company -- should be sentenced at the top of the recommended guidelines of seven to nine years.
She said the brothers had been ''two-faced for too long'' and noted that the fraud against Kendall Regional Medical Center had gone for 14 years. The brothers had also pleaded guilty to a count of tax evasion. They will serve the sentences concurrently.
2. Helio Castroneves: The already great legal team adds superstar Roy Black to represent Helio along with David Garvin. Roy's partner Howard Srebnick represents sister Kati, and Bob Bennett and Lily Ann Sanchez represent the third defendant, an attorney. AUSA Matt Axelrod represents the government.
Govt appeals order in Ben Kuehne case
Here's the text of the notice:
Notice is hereby given that the United States of America, plaintiff/appellant in the
above-captioned case, pursuant to 18 U.S.C. § 3731 and Fed. R. App. P. 4(b)(1)(B)(i), hereby
appeals to the United States Court of Appeals for the Eleventh Circuit from the Order Granting
Defendant's Motion to Dismiss Count One of the Third Superseding Indictment (Docket Entry
192) entered in the above entitled matter on December 22, 2008.
DATED this 7th day of January, 2009.
Respectfully submitted,
MATTHEW W. FRIEDRICH
ACTING ASSISTANT ATTORNEY GENERAL
PAUL O'BRIEN, CHIEF
Narcotic and Dangerous Drug Section
Robert Feitel
United States Department of Justice
Criminal Division Narcotic and Dangerous Drug Section
I wonder why this was filed so quickly, and why they didn't wait until after President-Elect Obama became President. The case likely will now be placed on hold for a while during the appeal.
Notice is hereby given that the United States of America, plaintiff/appellant in the
above-captioned case, pursuant to 18 U.S.C. § 3731 and Fed. R. App. P. 4(b)(1)(B)(i), hereby
appeals to the United States Court of Appeals for the Eleventh Circuit from the Order Granting
Defendant's Motion to Dismiss Count One of the Third Superseding Indictment (Docket Entry
192) entered in the above entitled matter on December 22, 2008.
DATED this 7th day of January, 2009.
Respectfully submitted,
MATTHEW W. FRIEDRICH
ACTING ASSISTANT ATTORNEY GENERAL
PAUL O'BRIEN, CHIEF
Narcotic and Dangerous Drug Section
Robert Feitel
United States Department of Justice
Criminal Division Narcotic and Dangerous Drug Section
I wonder why this was filed so quickly, and why they didn't wait until after President-Elect Obama became President. The case likely will now be placed on hold for a while during the appeal.
Disturbing story from state court
There has been a bunch of news about this Order out of Broward state court, disqualifying the state attorney's office for listening in on attorney-client conversations in a first degree murder prosecution.
The State took a breath-taking position -- because the call originated from jail, the inmate waived the attorney-client privilege. The judge quickly dismissed this position. The defense argued that the case should be dismissed for the egregious violation. The judge didn't go that far, but did disqualify the entire prosecution office from the case.
Two questions for you. Does this happen over here? And if it did ever happen, what would the likely result be. I put two polls for you below:
The State took a breath-taking position -- because the call originated from jail, the inmate waived the attorney-client privilege. The judge quickly dismissed this position. The defense argued that the case should be dismissed for the egregious violation. The judge didn't go that far, but did disqualify the entire prosecution office from the case.
Two questions for you. Does this happen over here? And if it did ever happen, what would the likely result be. I put two polls for you below:
Monday, January 05, 2009
Judge Cooke has all the fun...
She just got the huge Mutual Benefits indictment (a viatical fraud case alleging over $1 billion in fraud), which includes two local lawyers -- Michael McNerney and Anthony Livoti, Jr.
Here is the indictment.
The government is estimating a whopping 120 days for trial. In this economy, how is it going to be possible to seat a jury for such a case. Does a jury consisting of senior citizens and unemployed citizens help the defense or the prosecution?
Here is the indictment.
The government is estimating a whopping 120 days for trial. In this economy, how is it going to be possible to seat a jury for such a case. Does a jury consisting of senior citizens and unemployed citizens help the defense or the prosecution?
Monday news and notes
Ahhhh, Monday morning after a holiday weekend. So much fun. Here's what's happening:
1. Pharmed sentencing today. (via Sun-Sentinel & Herald) Here are the letters in support of leniency, the government's sentencing memo, and the defense sentencing memo. Quick summary: government says the guidelines are appropriate; defense says they are too high.
2. The Chief Justice released his year end report. Quick summary: judges need more money.
3. More on Ben Kuehne. (via DBR). Quick summary: the case against him sucks.
4. Medicare fugitives. (via Herald). Quick summary: every now and then, people flee as they did in this case.
1. Pharmed sentencing today. (via Sun-Sentinel & Herald) Here are the letters in support of leniency, the government's sentencing memo, and the defense sentencing memo. Quick summary: government says the guidelines are appropriate; defense says they are too high.
2. The Chief Justice released his year end report. Quick summary: judges need more money.
3. More on Ben Kuehne. (via DBR). Quick summary: the case against him sucks.
4. Medicare fugitives. (via Herald). Quick summary: every now and then, people flee as they did in this case.
Friday, January 02, 2009
Dead Friday
Anyone working today?
Back to regular blogging on Monday.
2009 should be exciting -- trial #3 of Liberty City 7, trial #2 of Joe Cool, trial (or dismissal) of the Ben Kuehne case, Dolphin playoffs, and possibly 2 new district judges in the SDFLA because of judges taking senior status. What else?
Have a nice long weekend.
Back to regular blogging on Monday.
2009 should be exciting -- trial #3 of Liberty City 7, trial #2 of Joe Cool, trial (or dismissal) of the Ben Kuehne case, Dolphin playoffs, and possibly 2 new district judges in the SDFLA because of judges taking senior status. What else?
Have a nice long weekend.
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