My concern is that there are a few in the defense bar who see blood in the water...

...and are determined to attack the department’s prosecutors indiscriminately — and without any factual basis."

That was Lanny Breuer, assistant attorney general for the criminal division. John Pacenti covered the story in this week's Justice Watch column. Guy Lewis countered Mr. Breuer:

Former interim U.S. Attorney Guy Lewis, now a partner with Lewis Tein in Miami, said the pressures can be enormous. Telling an investigating agency that a completed investigation must be dropped without charges is the hardest part of the job for any prosecutor, he said. “There are going to be instances where prosecutors make mistakes. I did,” Lewis conceded. “What is important is for the prosecutor to own up to it.” He said the aggressiveness that is leading to some of the misconduct cases may stem from the war on terror. “The terrorism issue has spilled in a bad way into other more conventional-type cases,” he said. “I’m not saying aggressiveness is bad. But what I am saying is when you start throwing 95, 96, 97 mph fastballs, you got to be real careful about that.” Breuer said the Justice Department is addressing the discovery issue at the heart of the current misconduct allegations. Federal prosecutors must turn over any exculpatory evidence and evidence that could be used to impeach government witnesses. Holder is requiring all prosecutors, no matter how experienced, to take new discovery training. “We are confident that, through this comprehensive approach, we are equipped to meet our discovery obligations and minimize prosecutorial error,” Breuer said.

What do you guys think? Is there a problem out there with prosecutors and discovery? Or are defense attorneys filing motions without any factual basis? Or both?

New snack bar/cafeteria finally opened!

Go check it out on the 5th floor of the Ferguson courthouse!

Public corruption trial begins for former Miramar Commissioner Fitzroy Salesman

Here's the preview article by the Sun-Sentinel. Should be interesting:

The defense's case is more unpredictable. Salesman's attorney, Jamie Benjamin, said his client denies that he did anything criminal. One possible argument floated by the defense is that Salesman can't be accused of abusing his office because he was suspended at the time of some of the alleged offenses, due to unrelated legal problems.Benjamin also planned to put on a defense of entrapment."The government turned a casual friendship with Mr. Salesman, where he was more than happy to do favors for people who had befriended him, into one where, like any organized crime ring, they got their tentacles around him," Benjamin wrote in court documents.But U.S. District Judge James Cohn's rulings last week left the defense concerned that if they go too far in accusing the FBI of entrapment, misconduct or racist motivations, it could open the door for prosecutors to tell the jury more unflattering information about Salesman.Cohn ruled Friday there was no evidence of racial hostility, as the defense alleged, in the federal investigation of Salesman, who is black."In addition, the court finds no evidence of governmental misconduct, much less outrageous governmental misconduct," the judge said, rejecting a defense request to dismiss some of the charges.

Bracket busting...

What a great first round of the tourney. Here is your top ten after Rounds 1 & 2:

1. ND in ND Jacob
2. Fake Ed Williams fakeedwilliams
3. Male Bondage II 3boysathome
4. Fake Bill Barzee Fake
5. Well Hung Jury Micah
6. SDFLA Blog * David
7. Male Bondage 3boysathome
8. EDCAjohn jpb95816
9. SJ Scott
10. Dan Dan

More SDO

This time with the judges:

St. Patrick Day News & Notes

1. Suspended Broward School Board member Beverly Gallagher pleaded guilty today. She'll do about three years in federal prison. (via Miami Herald)


2. "Wachovia Bank charged with violating anti-money laundering law" (via Miami Herald). Wachovia has agreed to pay $160 million in the deferred prosecution agreement:
Federal authorities in Miami have filed criminal charges against Wachovia Bank, alleging it failed to block Mexican currency exchange houses from laundering $110 million in drug proceeds through the bank, officials said Wednesday.
Wachovia Bank, a subsidiary of Wells Fargo & Co., will avoid criminal prosecution by agreeing to pay a $50 million fine and forfeit the $110 million, officials said.
The bank must also implement stronger anti-money laundering systems.
Prosecutors with the U.S. attorney's office, along with officials from the Drug Enforcement Administration, plan to hold a news conference Wednesday afternoon on the allegations.
Wachovia, charged with violating the U.S. Bank Secrecy Act, got out of the foreign money-transfer business two years ago.
In a statement published Monday in the Wall Street Journal, Wells Fargo said: ``We look forward to resolving this issue and are committed to maintaining compliant and effective anti-money laundering policies and practices, and a strong compliance and risk management culture across the integrated organization."

One of lawyers representing the bank is Nick Bourtin of Sullivan & Cromwell. Bourtin clerked for Judge Moreno.

3. It's not too late to fill out your brackets! Click here at the free blog pool. The password is sdflablog

Justice O'Connor's reception

Justice O'Connor's reception last night was a success. Lots of judges, lawyers, and law clerks came by to see the legal legend who is in town this week as a visiting judge in the 11th Circuit court of appeals. Here she is with incoming U.S. Attorney Willy Ferrer, Jackie Becerra (Greenberg Traurig), and Bill Roppolo (president of the Federal Bar Association; Baker McKenzie). Willy wore his green tie a day too early! Happy St. Patrick's Day!

Justice Sandra Day O'Connor is in the house

Tonight from 5:30-7:30 at the Federal Courthouse, the Federal Bar Association will be honoring her. Stop by and say hello.

In other news, Scott Rothstein is snitching against mobsters:

Pretending he was being dogged by the FBI and needed help, Rothstein allegedly talked Settineri into tearing up two boxes of documents and laundering $79,000 from Rothstein's massive investment racket, according to sources familiar with the case.
"He knew Settineri,'' a source said. ``He was able to chat up Settineri.''
For helping bring down Settineri, Rothstein could end up in the federal Witness Protection Program -- with a new identity, but inside a prison with special protection. Rothstein, 47, faces up to 100 years at his sentencing May 6.

Jeff Weiner (not Jeff Sloman) represents Settineri. Weiner must be salivating at the chance to cross Rothstein...