RIP Myles Malman (UPDATE)

He was a good guy, who most recently tried the B-Girls case in Miami before Judge Scola.

I didn't realize he played baseball at Fairleigh Dickinson University.  From their webpage:

Malman graduated from FDU in 1967 and played baseball for three years. He was very active in the baseball alumni program. In 2010, Malman was presented The Pinnacle, the highest award the University bestows upon its alumni. Pinnacle recipients are chosen on the basis of success or distinction in their chosen fields; significant contributions to society and humanity through public or humanitarian service; and outstanding service to the University, or reflection of the unique character of Fairleigh Dickinson in their lives.

In presenting the award, his longtime friend and colleague Robert H. Silbering said, "You have been a dear friend to FDU over the years. As a former member of FDU's baseball team, you generously support a scholarship established in honor of the late baseball coach Harvey Woods. You also give back your time and energy through lectures and mentoring.

Malman was the managing director of Malman, Malman & Rosenthal in Hollywood, Fla. He specialized in criminal and civil litigation, and maintained an extensive national white-collar criminal practice including securities and health-care fraud.

Malman served as Deputy First Assistant and Special Counsel to the United States Attorney of the Southern District of Florida during his lengthy career as a federal prosecutor, managing a 200-lawyer office. He was co-lead counsel in the successful prosecution of Gen. Manuel Noriega on drug and money-laundering charges. In 1992, he received the Attorney General's Award for Distinguished Service in recognition of his litigation skills. Malman handled the only successful federal Civil Rights Act prosecution in the Southern District of Florida and is the recipient of six Department of Justice Superior Achievement Awards for Outstanding Performance.

Over the years, he led and participated in high-profile civil cases, including class-action litigations against manufacturers of silicone breast implants, tobacco, General Motors pickup trucks and others. He also represented and negotiated contracts and business deals for professional players in the National Hockey League and the National Football League.

Malman served on the faculty of the National Institute of Trial Advocacy at Hofstra University Law School and taught in the Intensive Trial Advocacy Program at Widener University Law School. He lectured in criminal and civil trial practice and Florida criminal procedure for the WestBar Review Course. Malman also appeared on national television as an expert in legal matters, consulted on major Hollywood motion picture projects and testified before
Congress on criminal justice matters.

Malman was born in New York City and served as an Assistant District Attorney for 10 years as well as Senior Trial Counsel and adviser to longtime Manhattan District Attorney Robert M. Morgenthau. In the 1960s, he served in the U.S Army Military Police Corps in Vietnam.

Malman is survived by his wife, Jill, and their two children, Parker and Mallory.

UPDATE -- The Miami Herald has this obit:

Myles Malman may not have been a marathon man, but he sure lived like one.
As an attorney, he tried months-long cases, most notably the drug-trafficking prosecution of Panamanian strongman Manuel Noriega in Miami. For clients, he traveled to New York, Russia and Israel. And as an older father, he stayed in shape on the tennis court to keep up with his young son and daughter.
Malman, a New York native who worked for the city's legendary district attorney, Robert Morgenthau, before moving to South Florida in the 1980s to become a federal prosecutor, died of brain cancer on Sunday at his home in Hollywood.
Before his death at age 67, Malman had lived long enough to see a movie in which he appeared — American Hustle — nominated for a Best Picture Oscar. He got a nonspeaking part after he gave some advice to director David O. Russell, who conferred with Malman about a scene filmed on location in the Boston area.
But it was in the courtroom where Malman made his mark, gaining a reputation as a formidable but fair attorney.
Veteran Miami lawyer Norman Moscowitz praised Malman as an “effective and tenacious advocate” as both a prosecutor and defense attorney.
“He was a decent and honorable person and that always came across in court, which is why jurors liked him so much,” said Moscowitz, who worked with him in the U.S. attorney’s office and later on defense cases.

Friday morning news and notes

1.  The former Hialeah mayor and his wife have been indicted on tax evasion charges.  Via Jay Weaver:

In 2010, while peeling back the layers of Hialeah’s “shadow banking’’ industry, federal prosecutors pressed the city’s mayor about allegations that he had collected exorbitant cash interest payments on more than $1 million in loans he made to friends and acquaintances.
Julio Robaina’s answer? Not true.
On Thursday, Robaina’s words came back to haunt him, when a federal grand jury indicted him and his wife on charges of conspiring to evade income taxes, making loans at sky-high interest rates, failing to report secret cash payments — and lying to federal authorities.
He made the statements at issue in August 2010, while preparing an unsuccessful run to become Miami-Dade County mayor.
Robaina, 47, and his wife Raiza Villacis Robaina, 39, who operated two loan companies, are accused of receiving the undisclosed cash payments as interest on the personal loans they made to friends, including convicted Ponzi schemer Luis Felipe Perez. The loans were doled out as part of an informal banking system operating below the radar in Hialeah.
The indictment alleges the couple tried “to enrich themselves by concealing, disguising and failing to report the true and correct amount of their income to the Internal Revenue Service.”
Husband and wife, scheduled to surrender to authorities and have their initial court appearance Friday, proclaimed their innocence through Julio Robaina’s defense attorney.

 

2.  The defendants in the B-Girl case who went to trial and lost got whacked; the judge went above the guidelines for each of them according to the Herald.  Jay Weaver is all over the courts today:

A South Beach nightclub operator was sentenced Thursday to 12 years in prison for directing a bunch of “bar girls” to seduce and swindle customers at a string of Russian-style lounges.
Albert Takhalov was convicted in December along with two other businessmen of fleecing hundreds of thousands of dollars from dozens of male patrons by racking up bogus bills for champagne, vodka and caviar on their credit cards at seven private Miami Beach clubs.
Takhalov, 31, cried as he apologized to U.S. District Judge Robert Scola, saying he made a “great mistake” but “had no intention of breaking the law.” Other tearful family members asked for leniency, to no avail.
Scola, who found that Takhalov committed perjury on the witness stand at his trial, expressed no sympathy for the defendant, saying “he doesn’t have a right to lie.”

3.  Paula McMahon covers the big takedown in the staged accident case:

The vehicle collisions looked like typical South Florida accidents with motorists and passengers reporting they needed treatment from chiropractors and massage therapists.
But investigators said the crashes were carefully staged by willing participants who were trained how to defraud the insurance system to make money for themselves and a highly organized group of medical professionals, clinic owners and recruiters.
Investigators announced charges Thursday against 33 people they said were involved in staging accidents for insurance fraud — the latest hit in a three-year investigation that identified about $20 million in fraudulently obtained payouts from insurers.
"If you get upset about your car insurance premiums going up, this crime is one of the reasons why," said William J. Maddalena, the assistant special agent in charge of FBI Miami. "Every time an insurance payout is made for a staged accident in Florida, we all feel the pain in the pocketbook."
Operation Sledgehammer, a state and federal investigation, has led to charges being filed against a total of 92 defendants from Palm Beach, Broward and Miami-Dade counties. Those already convicted have been ordered to pay more than $5 million in restitution to insurance companies so far, prosecutors said.

The operation got its code name when undercover investigators saw suspects using a sledgehammer to make vehicles look like they'd been in an accident.
The fraud involved a "massive," complicated, highly organized scheme that investigators said included everyone from clinic owners and medical staff who provided fraudulent diagnoses and prescribed fake treatment, to office workers who billed for the services, and recruiters who found accident "victims" and trained them to stage collisions on the streets and highways of South Florida.
 

SDFLA starts 2013 with Pakistani Taliban trial

Out of the frying pan; into the fire.  That's what Judge Scola must be thinking after just finishing a very lengthy B-girls trial to end 2012, and now starting the Pakistani Taliban trial to begin 2013.

Paula McMahon has the details:

When the high-profile trial of two South Florida religious leaders accused of sending cash to help the Pakistani Taliban begins Wednesday, their defense is expected to argue they were simply offering charity to family and friends in their troubled homeland.
Izhar Khan, 26, was the young imam at a Margate mosque; his father, Hafiz Khan, 77, led a Miami mosque until they were arrested in May 2011 on federal charges they sent cash to the terrorist organization.
The men, both U.S. citizens born in Pakistan, are charged with funneling $50,000 from South Florida to the Taliban between 2008 and 2010. Prosecutors used more than 1,000 wiretapped phone calls, bank records and a confidential informant to make their case.
The case hinges on whether jurors believe the men conspired to help terrorists who target U.S. and Pakistani interests. The Taliban has been linked to al-Qaida and had a role in the failed attempt to bomb New York's Times Square in May 2010 and other attacks, experts say.
Defense attorneys say the men's motives were misinterpreted and the money was for family members affected by violence in the Swat Valley in northwest Pakistan. The money was also to help a school for boys and girls, established long ago by the elder man in his hometown, the defense said.
Both men pleaded not guilty and have been locked up since their arrests. The trial in federal court in Miami is expected to take several weeks.
Jury selection is expected to take a few days. U.S. District Judge Robert Scola Jr. said dozens of potential jurors will fill out questionnaires before he asks about their attitudes toward Islam, terrorism and other possible biases.
Though Hafiz Khan looks frail and confused and comes to court in a wheelchair the judge ruled he was mentally competent for trial and there was evidence he exaggerated some memory problems. At prosecutors' request, jurors shouldn't see the wheelchair, which federal marshals said is used only for convenience to move him quickly from his cell to court.
Izhar Khan was a popular, soft-spoken leader at Margate's moderate Masjid Jamaat Al-Mumineen mosque off Sample Road, congregation members said.
The young man reserved his fervor for basketball and cricket, supporters said. They said he was known for preaching tolerance of other religions and his in-depth religious knowledge. He lived in the U.S. since age 8, records show.

 The courtroom will be missing Federal Defender Michael Caruso, whose client was dismissed from the case months ago.

The case starts today in violation of Rumpole's trial rule #4 -- never try a case in January.

Mixed verdicts in B-Girls trial

Three of the four were found guilty of some counts and one was found NG across the board. The Herald coverage is here:

Miami federal jury convicted Stanislav Pavlenko, Albert Takhalov and Isaac Feldman of fleecing hundreds of thousands of dollars from dozens of male customers by racking up bogus bills for champagne, vodka and caviar on their credit cards at Russian-style clubs on Washington Avenue.
A fourth defendant, Siavash Zargari, who did business with Takhalov, was acquitted.
The jury reached its unanimous verdicts on a variety of conspiracy, wire fraud and money-laundering charges after deliberating for five days after an 11-week trial before U.S. District Judge Robert Scola that zigged and zagged with tales about Miami Beach’s underground bar scene. Scola ordered the three convicted men into custody immediately because he found that they gave testimony “I don’t believe was honest.’’ His decision prompted loud wails and crying by relatives in the courtroom. Court security officers had to separate the defendants from their loved ones.

Read more here: http://www.miamiherald.com/2012/12/20/3150589/bar-girls-federal-trial-in-miami.html#storylink=misearch#storylink=cpy

B-Girls jury still out

They started deliberating on Thursday and could be heard laughing in the jury room on Friday afternoon.  Not sure what that means... But no verdict yet.  As soon as I hear something, I will post it.

The cat comments are weird, but the comment about Judge Rosenbaum's investiture was nice.

And speaking of investitures, the Senate is confirming more district judges... When will Judge Thomas be confirmed?


Finally, Richard Catalano can now listen to Justin Timberlake as loud as he wants.  Here's Richard:    

B-girls trial still ongoing

Some girls flirt with some guys and take them for a bunch of money and we've made a federal case out of it.  And a long one!  It started back in early October!  It's the Energizer Bunny trial. 

David Lat is profiled here in Details. The intro:

Earlier this year, after weeks of hearing rumblings from a network of tipsters, David Lat, the 37-year-old managing editor of Above the Law (ATL), one of the most widely read legal blogs on the Web, published a story he never dreamed possible. In the post, cheekily titled "Where's LeBoeuf? An Update on Doings at Dewey," Lat broke the news that one of most prestigious law firms in the world, Dewey & LeBoeuf, which employed more than 1,300 attorneys in 12 countries in 2007, was on the verge of imploding. "I was flummoxed," says Lat, a former Assistant United States Attorney. "It seemed absurd."

Dewey & LeBoeuf was the child of a 2007 boom-time megamerger between a 100-year-old firm bearing the name of three-term New York governor Thomas Dewey and another old Gotham stalwart that represented some of the nation's biggest utilities and insurance companies. In the legal world, the possible dissolution of Dewey & LeBoeuf was on par with Lehman Brothers' monumental bankruptcy in 2008. Lat, a blogger by trade, had the skinny on what was really happening in those hallowed halls. Armed with a network of inside sources, a dogged reporter's sense, and a good, old-fashioned hunch, Lat dropped the latest in a string of bombs on the beleaguered legal profession.
After that initial post, the doomsday stories—and scoops—came fast and furious: Dozens of partners were leaving (ATL had the names), and an internal memo (leaked to Lat) actually blamed "U.S. legal blogs" for making some of the firm's woes public. That was followed by the announcement of a 60-day-notice policy designed to retain the remaining partners—more than 20 percent had announced their depatures by this time —and reports that Dewey was considering closing three international offices. In late April, Steven Davis was ousted from his role as chairman, and the Manhattan District Attorney's office began a criminal probe to investigate his actions. Finally, on May 28, three months after Lat's first post, Dewey filed for bankruptcy. For Lat and his staff, the story was only just beginning.
"We would get our intel in a number of different ways," he says, citing a flood of e-mails and texts, including information from friends and friends of friends who worked there and a "well-placed source at the firm" who leaked the memo. ATL even unearthed details about the company's downfall in what appeared to be minor stories—like the firm prohibiting lawyers from using Federal Express and not being able to afford black car service. "[Web] traffic during the Dewey period was phenomenal," recalls Lat, whose breaking stories were cited by the Wall Street Journal and the New York Times. Throughout the summer, Lat kept tabs on the key players, digging around for answers about what went wrong and reporting that, even as the firm was sinking, many of its multi-millionaire partners were still pulling in six-figure checks. "They were like pigs at the trough, all muscling each other aside to get a share of the feed," Lat says. "The story delved into a lot of themes, whether it's greed or anxiety or the distribution of spoils in the legal profession." In other words, it was catnip for Lat and the ATL faithful.

The NY Times is covering border searches and whether our devices should be subject to search just because it's the border:

The government has historically had broad power to search travelers and their property at the border. But that prerogative is being challenged as more people travel with extensive personal and business information on devices that would typically require a warrant to examine.

Several court cases seek to limit the ability of border agents to search, copy and even seize travelers’ laptops, cameras and phones without suspicion of illegal activity.

“What we are asking is for a court to rule that the government must have a good reason to believe that someone has engaged in wrongdoing before it is allowed to go through their electronic devices,” said Catherine Crump, a lawyer for the American Civil Liberties Union who is representing plaintiffs in two lawsuits challenging digital border searches.

A decision in one of those suits, Abidor v. Napolitano, is expected soon, according to the case manager for Judge Edward R. Korman, who is writing the opinion for the Federal District Court for the Eastern District of New York.

In that case, Pascal Abidor, who is studying for his doctorate in Islamic studies, sued the government after he was handcuffed and detained at the border during an Amtrak trip from Montreal to New York. He was questioned and placed in a cell for several hours. His laptop was searched and kept for 11 days.

According to government data, these types of searches are rare: about 36,000 people are referred to secondary screening by United States Customs and Border Protection daily, and roughly a dozen of those travelers are subject to a search of their electronic devices.

Courts have long held that Fourth Amendment protections against unreasonable searches do not apply at the border, based on the government’s interest in combating crime and terrorism. But Mr. Pascal’s lawsuit and similar cases question whether confiscating a laptop for days or weeks and analyzing its data at another site goes beyond the typical border searches. They also depart from the justification used in other digital searches, possession of child pornography.

“We’re getting more into whether this is targeting political speech,” Ms. Crump said.

Judge Seitz taking Senior Status

Rumors have been swirling that Judge Seitz would be taking senior status this month, and it appears that she did so as of November 16, 2012, which is 14 years to the day she was appointed by President Clinton).  So another opening for President Obama, who is quickly reshaping our District Court. 

In other news, the B-Girls trial is still being heard and the testimony of former weatherman John Bolaris was out of a bad movie.  From Jay Weaver:

More than two years after his “nightmare on South Beach,” former TV weatherman John Bolaris remains a little foggy about his close encounter with a couple of Latvian “Bar Girls” who swindled him for $43,000 in bogus booze charges billed to his AMEX card.
On Friday, Bolaris testified in Miami federal court that he didn’t have sex with them, though the thought crossed his mind after meeting the duo at the Delano Hotel in late March 2010. Bolaris, 55, was asked whether the B-girls suggested they go to his room at the Fontainebleau Hotel for a “threesome.”
“No, sir,” Bolaris told defense attorney Roderick Vereen. “In my right state of mind, I would not do that.” Vereen shot back: “What about in your intoxicated state of mind?” ***The following night, Bolaris said he went to dinner at the Delano Hotel, eating sushi and drinking a few glasses of his favorite wine, pinot grigio. He then sat down in the hotel’s Rose Bar for a few more glasses of wine. Nearby, a pair of B-girls were acting like tourists as they took pictures of each other. They struck up a conversation with him.
Bolaris described them as “very cutesy, like the girls next door ... the kind of girls you’d like to marry.” He paid for a round of wine, and later invited them to the Delano’s poolside bar, where he slipped a $50 bill to the bouncer to let them in. He bought another round of wine.
One of the B-girls started rubbing his shoulders from behind, while the other approached from the front to offer him a shot of liquor.
“Come on, do the shot,” she teased. Bolaris said, “No, no.”
But eventually he gave in and downed one.
During his testimony, federal prosecutor Richard Gregorie asked Bolaris if at that point he had the impression they were “hookers.” He emphatically said, “No.”
Gregorie further asked if he went to the Delano looking to have sex. He said he went there for sushi, “not for sex.”

Is this guy serious?  He believed that two girls just came up to him and started rubbing his shoulders at the Delano pool.  And remind me again why this is in federal court.   Lots of other details on the net from the 302 reports and other sources. 

Read more here: http://www.miamiherald.com/2012/11/16/3100889/ex-philadelphia-weatherman-testifies.html#storylink=cpy

Read more here: http://www.miamiherald.com/2012/11/16/3100889/ex-philadelphia-weatherman-testifies.html#storylink=cpy

Hot girls getting guys drunk on South Beach is now a federal crime?

Jay Weaver covers the B-Girls trial here.  The intro tells a story about a dude spending lots of money after getting wasted:

During the height of the tourist season two years ago, a Philadelphia TV weatherman flew down to Miami Beach for a little fun in the sun.
At the Delano Hotel, John Bolaris was approached by a couple of the Beach’s finest “bar girls.” The sexy duo said they were visiting from Estonia. They ordered rounds of shots, wine and champagne while pecking him on the cheek.
Then they lured the liquored-up Bolaris to a Russian-style nightclub called Caviar Bar on Washington Avenue. Over the next two nights, he signed American Express charge slips for more than $43,000, picking up the tab for extravagantly overpriced Dom Perignon, Beluga caviar and other items, including $2,480 for a modernistic painting of a woman that had been hanging in the bar.
Bolaris’ tale of woe and regret and others like it are coming out in Miami federal court during the trial of five business associates accused of being the puppet masters behind South Beach’s “B-girl” scene, as it is known.
Among the witnesses: B-girl Marina Turcina, who said Bolaris was so smashed he was vomiting on the way back to the Fontainebleau, where he’d been staying.
“He smelled really bad,’’ she said.

 Since when are tales of woe and regret criminal? I haven't been in Court and haven't followed the evidence, but I have heard that there are stories of girls drugging the customers without their knowledge.  Clearly if this happened, it's criminal.  But even if that happened, is it a federal offense? Why isn't this a classic state court crime?

dsf
Read more here: http://www.miamiherald.com/2012/11/03/3081324/russian-mafioso-put-bar-girls.html#storylink=cpy

B-Girls trial to start

Judge Scola will be presiding over this month long trial involving South Beach clubs, booze, and hot women (known as B-girls). According to Jay Weaver of the Miami Herald:

On trial starting Tuesday are four reputed associates, along with a Sunny Isles Beach investor who once dabbled in local politics. They’re accused of orchestrating a fraud scheme to run up the credit card bills of South Beach tourists by hundreds of thousands of dollars.
...
Among those standing trial: Stanislav Pavlenko, 41, Albert Takhalov, 31, Kristina Takhalov, 31, and Siavash Zargari, 48, who live in the Aventura and Sunny Isles Beach area. Longtime Sunny Isles real estate broker Isaac Feldman, 51, is the fifth defendant

What about the alleged victims? More from Jay:

In total, the B-Girls, who received 20 percent commissions for bringing in customers, ripped off about 90 patrons, mostly tourists or businessmen with telltale signs of wealth, such as expensive watches or shoes, authorities say.

One victim from Philadelphia, who was approached by two B-Girls at the Delano Hotel, complained he was taken for $43,000 at Caviar Beach on Washington Avenue. His American Express bill included dozens of charges for booze.

In court papers, the victim is identified as “J.B.” According to lawyers in the case as well as published reports, the victim was John Bolaris, a former Philadelphia TV weatherman who gave an interview to Playboy magazine for an article on the case.

Myles Malman wants to be able to go after JB to show there was no crime here:

But Feldman’s lawyer, Malman, said his goal in questioning J.B. is “to establish that he consciously and intentionally tried to pick up two women at the bar at the Delano Hotel, spent large amounts of money on alcohol in an effort to impress them and/or to induce them to engage in physical relations with him, and is in reality no victim at all,” according to a court filing.

Should be a fun case to follow.

Feds bust B-girl crew

Don't know what a B-girl is, do you? Well, the USAO just busted a bunch of them in a fascinating case. Here's the complaint.

The New Times summarizes it:

The FBI today has busted an Eastern European ring that set up a half dozen fake clubs in South Beach that existed solely to steal thousands of dollars from wealthy tourists lured there by a team of beautiful "B-Girl" scam artists. Really!

Federal prosecutors charged seventeen people today in the scam, which hinged on lovely Eastern European "Bar Girls" -- or "B-Girls" -- luring out-of-town businessmen and tourists from legit clubs to the gang's "private establishments."

Here's how the incredible scheme worked, the feds say.

The gang set up at least six fake clubs: Caviar Beach and Stars Lounge, both at 643 Washington Ave.; a room inside Club Moreno at 1341 Washington Ave.; Nowhere Bar at 643 Washington Ave.; Steel Toast at 758 Washington Ave.; and the Tangia Club at 841 Washington Ave.

They also shipped in numerous B-Girls from Eastern Europe and rented them apartments around South Beach. The gang's bouncers, meanwhile, prevented anyone from entering the clubs except for marks accompanied by B-Girls.

Once inside, bartenders working for the gang would rack up tens of thousands of dollars on the men's credit cards and sometimes forge their signatures.

Here's my question -- does this case belong in federal court or state court? Talk to me.