How much time is appropriate for a lawyer who laundered money for criminals?

 Judge Dimitrouleas sentenced Alan Koslow to a year and a day in federal prison, taking into account his cooperation and other good works.  Seems like the appropriate result.  Hopefully other judges will see that lengthy sentences for first-time non-violent offenders isn't the solution.  From Paula McMahon:

Koslow admitted in August that he accepted $8,500 from undercover agents as payment for laundering cash, which he thought was linked to drug dealing and illegal gambling, through his friend Susan Mohr's bank account in 2012 and 2013.

Mohr, 57, of Delray Beach, pleaded guilty to a related charge and is scheduled for sentencing next month.

Prosecutor Neil Karadbil told the judge that Koslow had two personas — one was the high-powered successful attorney who raised money for charities and advised clients on legal matters.

"But the other Alan Koslow is the one who got him here," Karadbil said. "The other Alan Koslow is the one who likes to take short-cuts, likes to party, is kind of hedonistic."

Karadbil said Koslow discussed laundering $50,000 per month for two years in exchange for a 5 percent commission. Koslow said the money "was peanuts" but he wanted extra spending money to party with his friends, agents said.

Agents said he told them: "I do favors for clients" and he "liked to be cool."

Breathe.

So, how about some happiness for your blog pleasure this week...

Judge Scola is celebrating five years on the federal district court bench. To honor the occasion, the Judge and his wife, Judge Jacki Hogan Scola, gathered with over a dozen of his former and current law clerks and staff during the weekend of October 29-30. That Saturday evening, his law clerks held a dinner in his honor at a former clerk's home in Coconut Grove, and on Sunday the Judge hosted a lunch for everyone in Coral Gables.

In 2011, President Obama nominated Judge Scola to fill the seat on the Southern District of Florida made available when Judge Paul C. Huck took senior status.  Judge Scola had previously served for over a decade on the state court bench.  He was confirmed as a federal district judge on October 19, 2011 and received his commission the following day.

Happy fifth anniversary, Judge Scola! Let's hope President Trump gives us more like him!

Here are some pictures from the event.  Check out this cake!

How will a Trump presidency affect the SDFLA and the Supreme Court

• Trump will select between 2-4 Justices.  William Pryor stands a good chance of being Justice Pryor. Federico Moreno also made Trump's short list.
• Who will be Attorney General?  Rudy Guliani? (I think it's less likely it will be Christie after the Bridgegate convictions, but who knows).
• If HRC had won, there was talk that U.S. Attorney Ferrer would stay on (or that Joan Silverstein would become U.S. Attorney), but that won't happen now. Any thoughts on who Trump names?  Jon Sale? (he would be great).
• There are going to be a bunch of open district court seats in the District.  Who gets those slots?

Happy Election Day!

Here's your moment of Zen:

RIP Janet Reno, Guest Post by John Kozyak

RIP Janet Reno, Guest Post by John Kozyak

Janet Reno passed away this morning after living with Parkinson’s Disease for more twenty years.  I had the privilege of being Janet’s friend and I am so grateful that I had a chance to say good-bye several times over the weekend.  Some said that she was enjoying all the love in her house, which had been built by her Mother. Others said she was waiting until Hilary was elected the first woman President and others acknowledged that this brave woman had never given in easily to anything in her 78 years.

The NY Times  already has an obituary online, which provides a glimpse into the public part of Janet’s life.  I particularly like “Ms. Reno was never a natural fit in Washington’s backslapping, backstabbing culture.”  In this ugly election, this might be one of the best compliments for a strong, brave woman, who approached each day of her life wanting to do the right thing. She did  so much better  than the rest of us and  that is why she is legend to me and many.

I had no familiarity to Parkinson’s Disease when I first met Janet 40 years ago or when she was diagnosed in 1995, but I sure did after my Mother found out she had it about 14 years ago and my Father received the same news 3 years later. I will never forget telling Janet and having her comfort me. She gave her phone number for my Mother to call her. My Mother loved the photograph that Janet signed and loved her visits with her. Janet lived gracefully with Parkinson’s until fairly recently. She continued as the Attorney General and tried to beat Jeb Bush as Governor. She set an example for people living with Parkinson’s and she set an example for so many more to live life to the fullest , to be humble and to do the “right thing”.

She certainly set an example for women. After graduating from Harvard Law, she had difficulty even obtaining a legal job because of her gender and she went on to become the longest serving Attorney General in the United States. When she came to the Minority Mentoring Picnic, young women law students and everyone else loved being with her. She spoke often with encouragement and sincerity. I never heard her complain about the gender discrimination or her Parkinson’s.  

For the past 3-4 years, Janet has been the Honorary Chair of the National Parkinson Foundation’s Moving Day in Miami. She and her family joined with mine to form Team Kozyak & Reno, which usually had the most walkers. Moving Day will take place in Miami this Sunday, November 13^th in Museum Park in Miami. Janet’s health did not permit her to attend last year, but I am positive her niece, Hunter and her daughters and other friends will join Janny in spirit.   I’d be honored if you’d walk with Team Kozyak& Reno this coming Sunday morning. This is not  a solicitation for donations, but more of a request for a group hug in honor of a wonderful woman. I am sharing two photos of Janet at Moving Day two years ago. I love the first one with her sister, Maggy.  Sorry that it doesn’t include Hunter’s face, but she is behind Janet.

I could not be more proud that the Reno family has been so supportive and welcoming.  I will never, ever forget sitting in Janet’s bedroom on Friday night while her sister, Maggy, her nephew , Doug, niece , Hunter, and several others recited long poems with such enthusiasm. I had learned that this was a family tradition when Janet’s brother, Mark, passed away 2 years ago. It was amazing. Yesterday, I barely missed a small group holding hands around Janet’s bed and singing “God Bless America”. It was not easy saying good-bye yesterday, but the love in the Reno home helped so much.

I don’t want to tell my Mother that Janet Reno has passed and think it is best to wait until I see her next week in St. Louis.

Love,

John

Your Thursday afternoon moment of zen

"I don't know what's happening at the U.S. Attorney's Office. This is the latest of a series of incidents that is affecting the credibility of this office ... Someone has got to look at this thing … There's a problem here that needs to be rectified in some way."

That was Judge Darrin Gayles in a strong rebuke of his former office.  We wrote about this latest in a string of prosecutorial misconduct cases on the blog here.  Paula McMahon covers the judge's decision, which was delivered orally (there is no written order) in this article:

A bizarre South Florida case involving an indicted fraud suspect who spied on his co-defendants — and their lawyers — after secretly making a plea deal led a federal judge to blast the U.S. Attorney's Office for letting it happen.
After two days of hearings on the allegations against the "mole," his lawyer and the prosecution, U.S. District Judge Darrin Gayles issued a blistering ruling in court in Miami late Tuesday. He barred the man from testifying against his co-defendants when they go to trial in May and strongly criticized federal prosecutors' "extraordinary" handling of the matter.
***
The defense asked the judge to punish the prosecution by throwing out the charges against Pisoni, Pradel and Ramirez. The judge said prosecutors previously had so much evidence that it was impossible for him to rule that Leon's actions affected the case enough to dismiss the charges against the other three.
But the judge expressed shock that the prosecution was still considering letting Leon testify, in some limited way, in trial against the other three men.
"If the government isn't willing to bar him, I will," Judge Gayles said, ruling Leon was prohibited from testifying.
Prosecutors told the judge they regretted not running the decision about how to handle Leon up the chain of command at their office but said they thought what they did was allowed by law. The judge said they should have, at a minimum, consulted their bosses and sought the judge's explicit approval.
A spokeswoman for U.S. Attorney Wifredo Ferrer declined to comment because the case is pending. Officials also declined to say if any disciplinary investigation is underway or anticipated.

Supreme Cubs fan

In other news, this guy is presenting a tough issue for the magistrate judge:

Every criminal suspect has the right to remain silent, but one South Florida man may be taking that advice very literally.
Since federal charges were filed against him in May, Gerald Petion hasn't uttered a single word during any of his eight or so court appearances. He has also declined to speak to his defense lawyer.
Petion, aka Gangsta, won't even say "not guilty" in response to federal drug and weapons charges. He is accused of selling heroin linked to a man's near-fatal overdose in March in Delray Beach.
Petion, 32, of Pompano Beach and Delray Beach, doesn't misbehave in court. He complies when the deputy marshals tell him where to go and what to do. He stands up straight and doesn't look around the courtroom.
But he also doesn't answer questions from any of the judges. He doesn't make eye contact. And he seems totally unfazed by the uncomfortably long silences when people try to communicate with him.
***
The judge told Petion he could detect occasional "flickers" so he knew Petion could hear him.
"This is the United States of America vs. you," the judge told Petion in a polite and friendly tone. "They're not just going to go away. They're not going to fold their tents. … They'll just wait you out."
Brannon told Petion he understood it was possible that Petion's silence may not be a ploy and that perhaps he has just mentally shut down because "the situation is so awful."
But he urged Petion to listen to the doctors who will be evaluating him during the next few months and issuing another report. The judge told him to think hard about his situation before he next returns to court in late January for the next hearing on his competency.
Petion didn't respond.