Columbus Day edition

What a strange day -- courts are closed, but schools are open. It only took 10 minutes to get downtown on US1... Apparently, the DBR didn't take the day off. All kinds of fun stuff today, including Vanessa Blum's story on billing rates and her awesome video report:



There's also a story securities cases, which SFL likes because of the new Scott Dimond photo.

And John Pacenti dials in on UBS account holders seeking amnesty.

Jay Weaver at the Herald was busy this weekend on Alan Mendelsohn and Helio Castroneves.

Canes are #9... Dolphins will beat the Jets tonight. And the blog fantasy team racked up a win. And that's your Columbus day edition.

FBI raids Lewis Freeman's office

John Pacenti breaks the story here. It may be over parking:

The FBI executed search warrants at the offices of high-profile accountant and attorney Lewis Freeman, who frequently is picked by judges as a court-appointed receiver or trustee for troubled companies in South Florida, sources said. Freeman and the FBI weren’t talking Thursday when asked about the warrants, which sources said were executed late last week. Legal community sources said the Miami and Plantation offices of Lewis B. Freeman & Partners were searched by the FBI. The search warrants are the latest incarnation of Freeman’s troubles with the U.S. government. Freeman sued the Internal Revenue Service in August over $4.5 million civil assessment against him for allegedly promoting a parking deduction plan that the agency called an abusive tax shelter, according to court documents. The FBI’s presence, however, indicates a criminal investigation may be under way, observers said. “When the IRS assesses someone a penalty, it’s not normal to raid an office,” said Fort Lauderdale tax litigator Martin Press, a partner with Gunster. The IRS typically uses the Treasury Department to execute its search warrants. The FBI is part of the Justice Department. The dapper Freeman is considered an expert on receiverships and speaks nationally on the topic. Information about the warrants remains sealed because criminal charges have not been filed against Freeman, a source said.


In Middle District news, Judge Gregory Presmell had this to say about the lawsuit to allow Segways in the Magic Kingdom: "Although some individuals may, with good reason, not want to use those [wheelchairs and scooters] and instead prefer to use a Seqway, that preference -- standing alone -- is not essential to accessing Disney's parks." Ahhh, judicial humor... standing alone... Presnell is the judge who has ordered litigants to play rock-paper-scissors to settle disputes and recently red-lined a lawyer's pleading.

The defendant “should not be a casualty of the chaos in Mexico.”

That was Hector Flores in the New York Times today, speaking for his client -- a former federal ICE agent, Richard P. Cramer. From the Times:

According to the complaint, on a number of occasions Mr. Cramer used his position to search federal databases and a California state database to see if certain unidentified drug trafficking organization members were informants for American law enforcement.
The complaint says he passed that information along to his cartel handlers, charging $2,000 for one D.E.A. document, as well as information on how federal agents conduct drug investigations and recruit informants.
Mr. Cramer, the complaint said, at one point invested $40,000 in a 2007 plot to smuggle 660 pounds of cocaine to Spain from Panama, passing through United States seaports.
The load was seized, and that turn of events set off a dispute involving Mr. Cramer, a drug lord and lower-level traffickers that included a hunt for informants, according to the complaint.
The drug agency last August arrested an unidentified participant in the plot who, along with other confidential sources, provided information that culminated in Mr. Cramer’s arrest.

Oral arguments at the Supreme Court

So I snuck out a bit early from my meeting today and went over to the Supreme Court. I sat in the attorney room for the tail end of the Stevens case, which addressed whether the First Amendment trumped the statute prohibiting the sale of depictions of animal cruelty. From what I heard, the case will be 8-1 in favor of the criminal defendant Stevens, holding that Section 48 -- prohibiting the sale of depictions of animal cruelty -- is unconstitutional. The one Justice that seemed to say that Congress could pass such a statute was Alito.

Then I actually got into the courtroom and saw the oral argument in Johnson v. United States, a sentencing case from the Eleventh Circuit addressing whether under the federal Armed Career Criminal Act a prior state conviction for battery is in all cases a “violent felony,” even when the state held that offense does not have as an element the use or threatened use of physical force.

It's amazing how close they let members of the Supreme Court bar sit to the Justices. It's like sitting in the front section of the movie theatre before the stadium seating starts. Very close. In this case Justices Scalia and Breyer were going at it. Scalia was clearly in favor of the criminal defendant and Breyer was clearly against. It will be a close case, probably 5-4... I would bet in favor of the defendant. Scalia used a hypo that made everyone laugh -- he asked whether if he told the government lawyer to shut up or he would flick her with his index finger, then would he be committing a violent felony. The government lawyer said yes... Any unwanted touching counted. Scalia didn't agree. Sotomayor was also an active questioner. Breyer kept asking about the "mine run" case, which sounded weird after the 4th or 5th time he used that term. He also took a jab at Scalia, saying if one were to read the legislative history of the statute, which some of his colleagues didn't do, it would be clear that Congress intended to cover this conduct. Chief Justice Roberts said that Congress could have been clearer and used the word battery if it wanted all battery cases covered.

UPDATE -- here's SCOTUSBlog's coverage of the Stevens' case.

PICTURES:

Supreme Court to hear dogfighting video case

Brian Maloney summarizes Stevens v. United States here. The issue is an interesting one: whether the First Amendment protects videos depicting animal cruelty. The Third Circuit found that the First Amendment did in fact protect such videos. From ScotusBlog:

The en banc Third Circuit overturned Stevens’s conviction, holding that the statute was unconstitutional on its face as a content-based prohibition on protected speech. The court first held that the speech regulated by § 48 is protected under the First Amendment. In its view, only one of the established categories of unprotected speech – child pornography – is even somewhat similar to the speech prohibited under § 48. The Supreme Court’s opinion in New York v. Ferber, holding that child pornography is not protected speech, set forth a number of factors to consider when determining whether to “create” a new category of unprotected speech. Applying these factors to the case at hand, the Third Circuit emphasized that although preventing cruelty to animals is “appealing . . . to our sensibilities,” it is not a compelling governmental interest in the context of free speech. Thus, it held, § 48 fails strict scrutiny because “it serves no compelling government interest, is not narrowly tailored to achieve such an interest, and does not provide the least restrictive means to achieve such an interest.”

I had a similar case involving cockfighting videos, detailed here but the case never got ruled on as we had to voluntarily dismiss the complaint. Shoot, this could have been my ticket to the Supreme Court...

First Monday in October

It's that time again, and I'm actually in DC for the day. Unfortunately, I'm not getting over to the Court for the first day of oral arguments this Term.

I'll post if I can get to a laptop later today; if not carry on in the comment section.

Miami is BACK

And it's not just the Hurricanes.

We've got all kinds of big fraud and corruption cases on the front page of the Herald this Sunday morning. There's Alan Mendelsohn's story, there's the advice given to Allen Stanford by Greenberg Traurig, and there's the investigation into prominent lobbyist Neil Sterling.

Ahhh yes, Miami is back.

Judge Graham is looking for a law clerk...

... to start now! Here's the vacancy posting.

Also check out SFLawyer for good coverage of Judge Jordan's recent dismissal of a case involving a lesbian woman and her children who were not allowed to visit her dying partner's bedside at Jackson. The Herald's story is here. The NYT piece is here.