Defense Verdicts of the Week

The USAO is very good at issuing press releases when there is an arrest or a conviction. Not so much when there is an acquittal. And there were some acquittals and a hung jury this week:

1. Sabrina Puglisi and Margot Moss got a not guilty before Judge Jordan in a drug case in which their client testified.*

2. AFPDs Aimee Ferrer and Jan Smith won before Judge Seitz in a gun case.

3. AFPD Miguel Caridad and David Joffe hung a jury before Judge Cooke. Apparently, Joffe's client originally pled guilty but was permitted to withdraw the plea and now is going for round 2.

*Full disclosure -- I share space with Sabrina and Margot is my law partner.

How is this not a bigger deal?

So, I started doing some reading to figure out what’s going on in the SDFla so that I can guest-host while D.O.M. rededicates himself to the practice of law. The news is good and bad. The good news is that the feds caught two people who really needed to be caught and who are guilty of the sort of crime that cries out for federal retribution. The bad news is that the factual proffer from Friday’s plea colloquy before Judge Marra makes me think that there may well be a deep circle in hell set aside for these defendants. Alfonso Baldonado, Jr., and Sophia Manuel admitted to extorting money from Filipino workers and luring them to Boca with false promises of lucrative employment at places like the Ritz. These victims went into substantial debt to travel here only to become an exploited cheap labor pool for the defendants’ staffing company. The two convicts confiscated the workers’ passports and terrorized them with threats of jail and deportation. Thirty workers slept side-by-side “on the kitchen, garage, and dining room floors.” They were fed “chicken feet, necks, innards, and rotten vegetables.” The litany of horribles goes on and on. Sentencing is set for December 10.

What I don’t understand is how this slavery case gets all of four short paragraphs in the newspapers. Maybe part of the reason is that Willy Ferrer put out a very professional and measured quote—“They came here seeking a better life, but found their dream of freedom transformed into a real-life nightmare of servitude and fear.” If I were U.S. Attorney, I would have said something like, “These defendants deserve to be tortured gruesomely and slowly, and I am frustrated that all we can do is put them in the same prisons where we put drug dealers.” Which alone is enough to explain why I’m not U.S. Attorney.

Breaking -- applicants for District Judge, U.S. Attorney, and Marshal

The applicants for District Judge are:

Jerald Bagley
Gerald Cope
Mary Barzee Flores
Darrin Gayles
Randee Golder
Judith Korchin
Robert Lee
Robert Levenson
Peter Lopez
Patricia Lowry
Ana Maria Martinez
Caroline Heck Miller
Maria Ortiz
Emmanuel Perez
Robin Rosenbaum
Robert Scola Jr.
Barry Seltzer
Tina Talarchyk
Patrick White
Kathleen Williams

For U.S. Attorney:

David Buckner
Reginald Corlew
Wilfredo Ferrer
Richard Gregorie
Ilona Holmes
Marvelle McIntyre-Hall
Brian Miller
Curtis Miner
Thomas Mulvihill
Lilly Ann Sanchez
Mark Schnapp
William Richard Scruggs
Jeffrey Sloman
James Swaim
Daryl Trawick
Sandra Wiseman

For U.S. Marshal

William "Bill" Berger
David Nieland
Christina Pharo
G. Wayne Tilman
Mark Weimer
Glen Wilner

Former Dolphin Will Allen going to prison for 6 years

From the AP:

Ex-NFL cornerback Will Allen and his business partner have been sentenced to prison for running a Ponzi scheme that took in more than $35 million.
A federal judge in Boston Wednesday sentenced Allen, of Davie, Florida, and Susan Daub, of Coral Springs, Florida, each to six years in prison and three years of supervised release. They also were ordered to pay restitution totaling $17 million.
Allen and Daub collected millions from investors between 2012 and 2015, saying it would be used for high-interest loans to professional athletes. Their Massachusetts business made some loans but they also diverted money to themselves and other ventures.

 This isn't his first run-in with the law (from Wiki):

Allen was arrested February 20, 2010 and charged with driving under the influence when he was stopped in a late-model Ferrari at 3:30 a.m. at the corner of Fifth Street and Alton Road, said Miami Beach police spokesman Detective Juan Sanchez.^[2]
According to the arrest report, Allen approached a police road-block and instead of following the detour, he kept driving toward a police car, stopping only two feet from it.
Will Allen was placed on injured reserve September 5, 2010 because of a knee, just one week before season opener ending his 2010 season.

In other news, we still don't know whether there is going to be a JNC here in Florida.  There's been no clarity on who will permanently fill Ferrer's slot as U.S. Attorney or how it will be done.  Ben Greenberg is the acting U.S. Attorney. 

The US Attorney Interviews

This post has been updated at the bottom with Vanessa Blum's coverage of the last few interviews.

By Dore Louis:

The day started off with Mark Schnapp. He has a tremendous amount of experience over a very broad career.

Mr. Schnapp immediately noted that the role of a prosecutor should be to strike tough but fair blows. This ended up being a reoccurring theme throughout the day. As it turns out, Judge Gold's Order in the Shaygan case had a large impact on the proceedings -- every candidate was questioned on it, most more than once.

He noted his priorities as USA would be to prosecute 1) National Security matters, 2) Fraud and 3) Political Corruption cases.

A question that was asked of every candidate by the statewide chair was the following:

If you had to issue a letter grade to the office based on integrity and performance what would it be and 2) what are the three biggest problems with the office and how would you correct them?

Mr. Schnapp gave the office an A-, but later reduced it to a B after some tough questioning by Chairman Coffey. He listed the office problems as: 1) Training, 2) Supervision is lacking because the supervisors are spending too much time with large case loads and 3) Recruiting. I am not sure what he meant with 3, like em or not, our US Atty's office gets the top candidates in the country.

Justin Sayfie, who proved to be one of the more aggressive questioners yesterday, kept up the trend by asking a rather pointed question of all of the applicants. He referred to the Gold Order and asked each person if those facts are true, and a AUSA intentionally misled the court or violated a court order, would you do everything in your power to dismiss that person?

Mr. Schnapp first tried to side step the question by saying that he would first conduct an investigation - Sayfie countered by asking him to assume the facts are true and Schnapp finally said that if the investigation revealed the facts to be as given, he would terminate the prosecutors.

Jeff Sloman came next

Interestingly, Mr. Sloman said that one of the first things he would do would be to do away with the Ashcroft memo. I think the point was missed on a number of the committee members who do civil work and don't understand the significance of that policy. Fortunately, Mr. Coffey took a moment to stop and explain its impact to the committee.

Mr. Sloman gave the office a A. He noted that the most serious problem the office has is getting through the "Judge Gold matter" and that the whole thing has been tough on the prosecutors in the office. It was a tough position for him to be in. Clearly, Mr. Sloman has a different take on the Gold Order than many of the committee members do, and he was forced into a lose-lose situation. It was clear he is supportive of all of the prosecutors in the office and at the same time he was being asked to identify problems with the office and give a stance on what discipline may be appropriate given a hypothetical scenario that was being presented to him in terms of "assume the prosecutors did this or that." He did a good job of handling the questions and did not back down from his support of the office as a whole. Mr. Sloman flat out said that integrity and prosecutorial misconduct are not a problem in the office.

I think this may have hurt him with the committee. At one point the chairman asked another candidate a question premised on the statement: "If we think this office needs a shakeup...." To me it seemed clear that many on the committee did have that belief, at least their questions seemed to suggest they do.

Judge Ilona Homes was interesting to watch.

She was very thoughtful in her responses and had a distinct air of authority about her. She gave the office an "incomplete" on the grade question because she is an outsider and didn't feel it was fair to do without knowing more. She was the only candidate that did that.

In response to the "Sayfie Question" she said that if true, the prosecutors should not be in the office, but only after a full investigation has been completed -- in other words, not solely on the basis of the Gold Order.

Judge Holmes was questioned rather bluntly on a couple cases she has handled in Broward that involve accusations of heavy handedness by her from the bench. She did a great job handling the questions and after hearing her explain what happened, I would not expect those issues to play a role in the committee decision. The only caveat would be that there were so many qualified people before the committee that it may be easy for them to hold something against her that they should not otherwise, to make their decision easier.

Judge Trawick was great.

One of the things that really stood out to me was his clear love of our community. Along those lines, his focus would be on public corruption cases, gangs and violent crimes and medicare fraud.

The Judge gave the office a B, and said that he would improve 1) training, 2) the fulfilment of discovery obligations and 3) community relations. Without hesitation, the Judge responded to the Sayfie question by saying he would "absolutely" terminate an AUSA who willfully or intentionally mislead the court or violated a court order.

In my view, Richard Scruggs was one of the most impressive people that was interviewed.

I worked in the same office as the man and didn't have a clue as to any of his qualifications. The were extensive, including a ton of D.C. experience at main justice under the Reno administration.

Mr. Scruggs was strictly business and commanding. He said that under Stanley Marcus the office was an "A," but now it is a "C." he said he would 1) improve training, 2) instill the idea that being a prosecutor is a calling and is about being part of something bigger than winning or loosing, and 3) that he would reverse the "dumbing down" of cases that has gone on over the past 10 years and bring back a focus on big important matters rather than "low hanging" fruit. In response to the Sayfie question, Mr. Scruggs said "absolutely."

He said that he had no political goals in seeking the office and that he thought long and hard about it. He told a funny story about how he consulted with Judge Marcus prior to going forward with his application. The Judge asked him if he remembered the worst case of his career -- he said yes, Yahweh; the Judge then told him that it would be like that every night and day for four years.

Curtis Miner showed himself to be extremely likable and smart as a whip.

He gave the office a B+ and listed its biggest problems as being 1) bottom heavy, 2) that it needs more quality prosecutions and 3) -- I don't think he gave a third.

In response to Charmian Coffey's "shakeup" question, Mr. Miner said that if he concluded there is a problem with the culture or chain of supervision, he would shakeup the office, but that he believed it could be done without using a heavy hand.

It seemed to me that some of the committee members took issue with his lack of management experience. But the guy showed himself to be so capable, I would not count him out.

I came in about half way through Tom Mulvihill's interview.

He fought Mr. Sayfie on his question and refused to concede the facts in the order, but also said that a person who intentionally misleads a court or violates an order should not be an AUSA.

One thing he said that stood out was that the easiest thing to do as an AUSA is to sign an indictment, but that it is much harder to look at the agent on the other side and tell them to shut down their investigation. He seemed to be suggesting that with his experience and the respect he has from law enforcement agencies in the district, he could do that, and bring better more productive cases.

Another thing that he said that kind of made me laugh was that the Federal Rules provide for "extremely broad" discovery in criminal cases. Sorry, but I gotta disagree with you on that one. The Federal Rules of Civil Procedure provide for broad discovery -- the criminal rules do not.

Lilian Sanchez

She did a good job handling the interview and held her ground on the questioning. She gave the office a B- and said that it could use some improved intelligent training -- not just CLE type stuff, but mentoring.

Ms. Sanchez felt that the past few years as a criminal defense lawyer have given her some perspective that she could bring to help the office improve in terms of its relationship with the defense bar and its discovery obligations.

She was also the only person to flat out say "no" to the Sayfie question. She said that she would find out where the breakdown in the office occurred and put policies in place to ensure that it did not happen again. She did note that if an AUSA intentionally violates DOJ policy, she would fire them, but it seemed clear to me that she did not view the hypo offered as that type of situation.

Dick Greggorie

He gave the office a B- and said the problems are 1) too many young prosecutors (they are very bright, but not enough experience), 2) Not enough focus on bringing larger cases, and 3) that there are leadership issues that could be addressed.

He suggested that he saw a problem with the manner in which the Gold Order was handled in the prior administration and said that as US Atty, he would be responsible for the conduct of his AUSAs. If that order had come down during his tenure as US Atty, he would not have "punted" the ball on the decision to appeal, but would have looked at the law and made the decision himself.

Unfortunately I missed the last two interviews of the day.

Overall, it was a very interesting process and removed some of the misgivings I have had in the past when I thought the process might be purely political. It was very apparent that the committee members took their jobs extremely seriously and asked tough and thoughtful questions. You could really tell that they are making a huge effort to put forth the best candidates.

I realize that much of this post focuses on negative points from the interviews -- all I can say is that that is the way the interviews went from my perspective. It seemed to me that the hypothetical idea that the committee might think the office needs a shakeup is not so hypothetical, and many of their questions, and the focus of the interviews were on that point.

On the positive side -- every candidate made clear how much they loved the job as AUSA and the people they worked with. Anybody who has worked with these people in the past should be proud of that fact, because they were given ample opportunity to criticize, and to a person they choose only to discuss how to improve the office.

UPDATE--
Hi all, Vanessa Blum here with some brief notes on the final three interviews of the day, starting with former AUSA David Buckner.

Mr. Buckner showed himself to be an incredibly poised and intelligent interviewee. If appointed, it seemed he would take a more hands-on approach than some other candidates. For instance, he said he would try at least one case in his first year. At the same time, he said his experience in private practice at Miami’s Kozyak Tropin and Throckmorton would give him fresh perspective if named U.S. attorney. Of interest, Mr. Buckner revealed that he prepared for appellate arguments in the Cuban spy case, even as his then infant daughter hospitalized. He scored the office at a B+ and said he would emphasize training, white collar prosecutions and public corruption investigations.

Next up, Wilfredo Ferrer, an assistant Dade County attorney and former federal prosecutor. Mr. Ferrer, who spent five years as counsel to Attorney General Janet Reno, told the panel his experience at Main Justice would help him navigate the department’s vast bureaucracy and secure resources for the U.S. attorney’s office. Mr. Ferrer graded the office a “solid B+”, citing high turnover, leadership breakdowns related to the Gold Opinion, and resource shortages as major challenges. With just eight trials under his belt, he addressed concerns about his relative lack of courtroom experience and listed terrorism, fraud, violent crime and public corruption as his top priorities for the office.

The interviews concluded with James Swaim, executive asst. U.S. attorney and a 15-year veteran of the office. In his current post, Mr. Swaim manages administrative functions for the office and oversees community-based initiatives like Weed and Seed and Project Safe Neighborhoods. Mr. Swaim described himself as a low-key leader, “not a ranter and a raver.” “I don’t think that conveys strength,” he said. But outside the office, he said, he would be a forceful advocate for his troops. Mr. Swaim gave the office an A for integrity and a B for performance. When questioned further on the high mark for integrity, James said the actions of three lawyers out of nearly 300 shouldn’t bring down the score for the office as a whole. Though vague regarding his goals, he said he would seek to strengthen mentoring programs and give the U.S. attorney’s office a greater sense of mission.

Which one doesn't belong?

The Federalist Society is having a panel looking back at the last ten years after September 11, 2001. On the panel: Wilfredo Ferrer, Jeff Sloman, Alex Acosta, Marcos Jimenez, Guy Lewis and Michael Caruso.

Michael Nadler leaving the U.S. Attorney’s Office

 He’s joining Stumphauzer Foslid Sloman Ross & Kolaya. A big get for them. Big enough for the AP to cover the move here:

A federal prosecutor who has jailed some of Venezuela’s biggest crooks is stepping down, The Associated Press has learned, leaving a void that could dampen U.S. efforts to expose criminal activity in the South American country amid rising tensions with the Trump administration. Michael Nadler, an assistant U.S. attorney, is leaving to enter private practice next month at a boutique Miami law firm— Stumphauzer Foslid Sloman Ross & Kolaya—said a person familiar with the move who insisted on speaking anonymously because it hadn’t been made public. Nadler, 48, has indicted multiple Venezuelan Cabinet ministers, businessmen and Swiss bankers as part of a sustained effort by investigators in the Southern District of Florida to recover some of the $300 billion estimated to have been stolen from Venezuela in two decades of socialist rule.

Nadler had this to say about the move:

It's has been an honor and privilege working as an AUSA for almost 10 years. Having the opportunity to work on some of the biggest cases in the country and focusing on high-level complex money laundering, Foreign Corruption Practices Act, foreign bribery cases, and targeting corruption at the highest levels in these international cases has been the highlight of my career to date. I thank the US Atty Fajardo for entrusting me and having the confidence in me to work these cases and to Willy Ferrer for hiring me. Leaving was an incredibly difficult decision. But when the opportunity presented itself to join a fantastic group of people and really talented lawyers at a well-respected and prominent boutique law firm, the choice was much easier. I look forward to this new chapter in my life.

Florida Election Lawyers all dressed up and no where to go

President Obama easily wins, but Florida still not called.  Right now it's Obama up about 45,000 votes or 0.53 percentage points, out of a total of 8.27 million votes, with about 99 percent of the votes counted.  This time though it won't matter how Florida ultimately goes...  I wonder how all of the election lawyers who were geared up just for this scenario are feeling right now. 

So what does Obama's victory mean for the Southern District of Florida.  Some quick thoughts:

1.  Will Thomas will likely be your next federal judge, but it probably won't happen till the beginning of the year.

2.  President Obama will continue to shape this District with intellectual, moderate judges (like Williams, Scola, & Rosenbaum).  Same for the 11th Circuit (like Martin & Jordan).  There are a bunch of district openings coming up, so we will see if Obama does any better with getting judges confirmed quickly in his second term. 

3.  Willy Ferrer will stay on as U.S. Attorney.  It will be interesting to see whether he stays for the entire 4 years.

Any other thoughts?

Sorry kids, summer's over

That means it's time for football, traffic, and... some changes at the U.S. Attorney's office.  Here's your new lineup:

Marcus Christian is leaving the local office and heading to DOJ -- UPDATE: Actually he is headed to a law firm in DC, and not DOJ.  Thanks to the commenters and tipsters.
George Karavestos takes over as Executive Assistant U.S. Attorney
Lynn Kirkpatrick takes over for George as the Chief of Narcotics
and Norman Hemming is now Special Counsel

Meantime, the government has charged two lawyers in the Rothstein saga.  From the Sun-Sentinel:

Nearly four years after Scott Rothstein's massive Ponzi scheme spectacularly imploded, the long-simmering criminal investigation entered a new phase Friday with the arrests of two Broward County attorneys accused of assisting the fraudster.
Douglas L. Bates, a Plantation attorney, was picked up at his Parkland home early Friday by IRS agents. Christina Kitterman, who had worked at Rothstein's law firm, surrendered at the West Palm Beach federal courthouse. Both are accused of lying to some of Rothstein's investors as he kept his $1.4 billion fraud alive.
"The success of such a large-scale scheme depended on the complicity of Rothstein's colleagues and associates, like Douglas Bates and Christina Kitterman," said U.S. Attorney Wifredo A. Ferrer.
The two attorneys became the first defendants to be indicted for their roles in the alleged criminal activities the now-disbarred attorney ran out of the Rothstein Rosenfeldt Adler law firm. The now-imprisoned Rothstein and eight other defendants all cut deals with the federal government in advance of being criminally charged.

Who will be the next U.S. Attorney?

Inside Track has a post here about the slow selection process. Here's a piece:

While other states are starting the interview process, the federal Judicial Nominating Commission in the Sunshine State still has not issued a notice seeking applications to replace Miami U.S. Attorney Alex Acosta, whose term is up this summer. Acosta is interviewing Wednesday for the dean’s position at Florida International University’s law school.
The delay in calling for applications could mean that Acosta’s top assistant, Jeff Sloman, would likely serve as acting U.S. attorney. Sloman, a Democrat, is said to be interested in the job permanently.
Meanwhile, another potential applicant has emerged: Broward Circuit Judge Ilona M. Holmes.
After President Obama was elected and a turnover in U.S. attorneys was apparent, talk centered on Greenberg Traurig attorney Jackie Becerra, a Hispanic woman and the former right hand to U.S. Attorney Marcos Jimenez. But word is she’s happy at Greenberg, and her office confirmed Friday that she just adopted a baby. So, congratulations to Jackie.
Another name in the mix is Miami-Dade Assistant County Attorney Wilfredo Ferrer, a former federal prosecutor.
Other legal eagles who have surfaced as possible Acosta replacements are in alphabetical order David Buckner with Kozyak Tropin & Throckmorton in Coral Gables, Brian Miller at Akerman Senterfitt in Miami, Curtis Miner at Colson Hicks Eidson in Coral Gables, Mark Schnapp of Greenberg Traurig, Miami-Dade Circuit Judge Daryl Trawick and Bruce Udolf at Berger Singerman in Fort Lauderdale.
Diversity came up as an issue for women, blacks and Cuban-American Democrats looking at the makeup of the 56-member commission. Among the names mentioned so far, Holmes and Trawick are black, and the rest are white males.

News and Notes

1.  Former Carnes clerk, former AUSA and current Circuit Judge Robert Luck was named today to the 3rd DCA.  From the DBR:

In an earlier interview, Luck told the Daily Business Review that Carnes taught him "lawyers and judges, both orally and when we write, should speak in a way that the everyday person can understand."

During Luck's time at the U.S. Attorney's Office, he handled 19 jury trials — a rarity for a young lawyer. Luck secured a guilty plea in the largest student visa fraud to date. He also persuaded a court to impose a 20-year prison sentence on a doctor who ran a $50 million Medicare fraud scheme, and he got a guilty plea from a boat captain who tried to smuggle dozens of Dominicans into the U.S.
Luck became a circuit judge the first time he applied. In August's judicial election, he kept his seat in the circuit's criminal division by a margin of 53.5 percent to challenger Yolly Roberson's 46.5 percent.

2. Tonight is the big shindig for the Federal Bar Association at the Hyatt.  It's the "36th Annual Federal Judicial Reception" from 5:30-8:30.  Enjoy!

3.  And tomorrow is the DCBA's Bench and Bar conference. Lots of interesting panels.  They stuck mine during the lunch hour... I'll be moderating a panel at noon on "Trends in Criminal Law" with some great speakers including Judges Milton Hirsch and Nushin Sayfie, Federal Public Defender Michael Caruso, State Public Defender Carlos Martinez, State Attorney Kathy Fernandez Rundle, and U.S. Attorney Willy Ferrer.

What a day at the Federal Public Defender's Office

The office won two appeals and a trial today.

1.  Bernardo Lopez won United States v. Spriggs, which created a circuit split with the 8th Circuit:

Appellant Timothy Spriggs pled guilty to one count of receipt of child pornography in violation of 18 U.S.C. § 2252(a)(2).  At sentencing, over Spriggs’s objection, the district court applied a five-level enhancement for distribution of illicit images for the receipt, or expectation of receipt, of a non-pecuniary thing of value. See U.S. SENTENCING GUIDELINES MANUAL § 2G2.2(b)(3)(B) (2010).  Spriggs argues that no evidence supports application of the enhancement. We vacate the sentence and remand because, although we find evidence that Spriggs distributed illicit images, there is insufficient evidence to support the other elements of the five-level enhancement....
The Eighth Circuit applies the five-level enhancement if the defendant “expected to receive a thing of value — child pornography — when he used the file-sharing network to distribute and access child pornography files.”  United States v. Stultz, 575 F.3d 834, 849 (8th Cir. 2009).  Because file-sharing programs enable users to swap files, the court reasoned that no additional evidence is needed to establish the type of transaction contemplated in the Guidelines.
We have a different view, however, of the function and operation of filesharing programs than that of the Eighth Circuit.  File-sharing programs exist to promote free access to information. Generally, they do not operate as a forum for bartering.  For example, file-sharing programs permit a person to access shared files on peer computers regardless of whether the person in turn shares his files.  The files are free.  Because the transaction contemplated in the Guidelines is one that is conducted for “valuable consideration,” the mere use of a program that enables free access to files does not, by itself, establish a transaction that will support the five-level enhancement.  Accordingly, we disagree with the approach taken by the Eighth Circuit.

2.  Sam Randall and Vince Farina won United States v. Grajales, in which the 11th Circuit reversed a conviction, holding that the trial court should have given an entrapment instruction.  Interestingly, the court also found two other appellate arguments raised by the dynamic duo had merit.  Three reversible errors in one appeal is not common.  I'm not sure why the court didn't publish the opinion.  From the intro:

After a jury trial, Alberto Grajales appeals his convictions for conspiring and attempting to interfere with commerce by robbery, in violation of 18 U.S.C. § 1951(a); conspiring and attempting to possess with intent to distribute five or more kilograms of cocaine, in violation of 21 U.S.C. § 846; and possessing a firearm in furtherance of a crime of violence and a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A). Grajales raises three issues on appeal. First, he argues that the district court erred when it refused to instruct the jury on his entrapment defense. Second, Grajales argues that the district court erred when it instructed the jury that his honestly held belief that he was helping law enforcement also had to be objectively reasonable in order to negate his specific intent. Finally, Grajales argues that the district court erred when it prevented him from testifying regarding non-hearsay statements that were crucial to his defense. For the reasons set forth below, we reverse.

3.  Aimee Ferrer and Helaine Batoff obtained a not guilty verdict before Judge Graham.  I'm working on getting the details of that case.

Manatee education patrol leads to $1 million marijuana seizure

You can't make this stuff up. From the government press release:

A routine patrol by police on Wednesday on Boynton Beach’s Intracoastal Waterway to educate boaters about the start of manatee season led to the discovery of nearly 1,300 pounds of marijuana valued at more than $1 million. As Boynton Beach Police Marine Unit Officers were patrolling the Intracoastal near the Boynton inlet, they observed a 30-foot center console boat heading north at a slow speed with two men aboard. The boat struck two sand bars, and one of its outboard engines was tipped up and not running. The officers headed toward the boat, which docked at the ramp in Harvey J. Oyer Jr., Boat Club Park. The defendants supplied the officers with Florida driver licenses, but could not produce valid registration for the boat. After the officers obtained verbal consent to go aboard, the defendants fled on foot. They were quickly apprehended after a short foot pursuit by Marine Interdiction Agents from U.S. Customs and Border Protection who were in the immediate vicinity.

Meantime, the feds are investigating state police shootings. From the AP:

The U.S. Justice Department launched a civil rights investigation Thursday into whether Miami police officers engaged in a pattern of excessive use of deadly force in the fatal shootings of seven African-American suspects over an eight-month span.

Thomas Perez, assistant attorney general for civil rights, and Miami U.S. Attorney Wifredo Ferrer said the probe will focus not on the individual officers but on whether the Miami Police Department's policies and practices on use of force led to violations of constitutional rights. The investigation is not criminal in nature.

"We're looking at systems. We're not looking at individual culpability," Perez told reporters. "We will follow the facts where the facts lead us. We will peel the onion to its core."

The shootings in inner-city Miami, from July 2010 to February 2011 and including two others that were not fatal, sparked outrage in the African-American community and led to protests at City Hall. The NAACP and American Civil Liberties Union, among others, demanded a federal investigation.

The former police chief, Miguel Exposito, defended the shootings as justified and said they resulted from confrontations caused by more aggressive police tactics in high-crime areas plagued by gangs. Exposito was fired in September for disobeying orders from the city manager, but the uproar over the shootings was a factor in his ouster.

In a written statement Thursday, Exposito said during his tenure people in many inner-city neighborhoods were demanding action against crime and gangs, leading him to double to 130 the number of tactical officers focused on those areas. Exposito said crime went down as a result.

"I trust that this is not an attempt by the U.S. attorney's office to politicize what should otherwise be an apolitical process," Exposito said.

Poll numbers

A week of voting has produced the following unscientific numbers:

Who should be our next U.S. Attorney?
405 votes total
David Buckner 56% 227 votes
Willy Ferrer 24% 99 votes
Daryl Trawick 20% 79 votes

Who should be our next judge?
262 votes total
Jerald Bagley 24% 64 votes
Bob Scola 29% 77 votes
Kathy Williams 46% 121 votes

Why were there so many more votes for U.S. Attorney. Do you think the results would be different if I asked who the Senators will actually pick?

"When in doubt, affirm."

That's what Judge Moreno told Judge Jordan at his investiture yesterday, to much applause and laughter. Justice O'Connor spoke, as did Judge Dubina and U.S. Attorney Willie Ferrer.

Meantime, big news in the District. The U.S. Attorney's office has dismissed its case against Irfan Kahn, a case originally assigned to Judge Jordan but transferred to Judge Scola. Kahn was represnted by Federal Public Defender Michael Caruso and AFPD Sowmya Bharathi. Here is the press release from last year from the U.S. Attorney's office, which discussed taking down the Pakistani Taliban. There was much fanfare, including news reports around the world (and on this blog). Here's the NY Times article from last year detailing the arrest.

I wonder what press there will be about the dismissal.

Show me the money

Well, one of my readers and I got into it a little bit in the comment section.

I wonder how [s]he would feel about this comment in the Daily Business Review today about prosecutors leaving the U.S. Attorney's office: "Said Miami criminal defense attorney David O. Markus: “It’s a good attempt to solve the problem. But ultimately, what we need to do is pay these people more money, as we [also need to] do [for] judges and public defenders.”

The article has lots of good gossip about AUSAs -- some, like Harry Shimkat, have agreed to stay an extra two years in economic crimes. Here's the quote about those who have left:

While the U.S. attorney’s office in the Southern District of Florida has experienced turnover in the past, some liken the departures over the last six months as an exodus. Twenty-two assistant U.S. attorney positions are now vacant in an office with 233 total positions, or almost 10 percent of the office. Among those who have left in the last six months: Lilly Ann Sanchez, former deputy chief of the major crimes division, who became a partner with Fowler White Burnett in Miami; Carlos Castillo, former public information officer, who took a job with Seidman Prewitt Dibello & Lopez in Coral Gables; and Jonathan Loo, who moved to the U.S. attorney’s office in Hawaii. Other departures include Jonathan Lopez, who worked in major crimes and took a job with the Department of Justice in Washington; Eddie Sanchez and Willie Ferrer, who both just left for the county attorney’s office in Miami, and Maria Beguiristain, who last month became an associate at White & Case in Miami. . . . Seth Miles said he left to become an associate at Podhurst Orseck in Miami because “for me it was family reasons and it was just time to go. I knew I didn’t want to be a 40-year career prosecutor.”

Finally, one unidentified prosecutor said: “There’s a lack of vision in the office. There’s no excitement, no clear direction on what we should be focusing on. There’s a leadership vacuum.” Yikes.

Also, following up on my post about Michael Caruso being named Chief Assistant Federal Defender for this District, Julie Kay has this to say:

After losing two chief assistants in one year, Federal Public Defender Kathleen Williams said, tongue in cheek, that she’s required her new second-in-command to sign a “noncompete clause.” Williams, the guest speaker at the Miami chapter of the Federal Bar Association’s monthly luncheon, announced that she named Michael Caruso, 39, an eight-year veteran of the office, as her new chief assistant. Caruso will assist Williams in running one of the largest public defender offices in the country and overseeing 45 assistant public defenders. Caruso replaces former chief assistant Martin Bidwill, who was appointed to a Broward Circuit Court judgeship by Gov. Jeb Bush in October. Bidwill was chief assistant for less than a year, taking the place of Reuben C. Cahn, who left in April to head the San Diego federal public defender’s office. “I’d like to address the rumor that I’ve had trouble keeping chief assistants,” Williams quipped, adding that her new top lieutenant “promised he will not go to the bench, he will not leave the office.” Caruso, who serves on the federal court practice committee, said he’s “extremely honored that Kathy chose me to assist her in leading the office” and will stay in the job “as long as she needs me.” Caruso serves on the federal court practice committee of The Florida Bar and the Southern District of Florida’s local rules committee.