DBR's year in review

It's a fun read.  And it's been a typical Miami year, and that means craziness.  From Rothstein to Nevin Shapiro to Lewis Freeman... the "only-in-Miami" list goes on and on. 

Other than the Rothstein depo, I think everything else is pretty much shut down for the next two weeks. 

If anything is going on, email me!

Miami's new magistrate

Congrats to Alicia M. Otazo-Reyes, our newest magistrate.  She was Judge Highsmith's career law clerk, from 1991-2002.  She currently works at Legon Ponce & Fodiman.  Excellent news during the holiday season!

All quiet...

Nothing really going on here in the Southern District, so we'll see you on Monday.  In the meantime, use the comments to predict Barry Bonds' sentencing, which is today.  He is asking for house arrest and the government is asking for 15 months.  Talk to me.

UPDATE --  No jail time.  2 years house arrest.

Exploding federal criminal code

The Wall Street Journal is doing a nice job (here and here) covering how ridiculous the federal criminal code has become.  (Previous coverage of the Maple Syrup proposal on this blog here). From the WSJ:

The federal criminal code has grown so large it ensnares everyday citizens who have no idea they are violating the law, a bipartisan group of legal experts told a House panel Tuesday.

There are about 4,500 criminal statutes, said Edwin Meese, attorney general under President Ronald Reagan and now with the conservative Heritage Foundation. "This is in addition to over 300,000 other regulations that don't appear in the federal code but nevertheless carry essentially criminal penalties including prison," he said. "So the vast array of traps for the unwary that lurks out there in federal criminal law is more extensive than most people realize." The Administrative Office of the U.S. Courts figures some 80,000 defendants are sentenced in federal court each year.

Rep. F. James Sensenbrenner (R., Wis.), chairman of the House Judiciary Committee's panel on crime, terrorism and homeland security,and several panelists cited an article in Monday's Wall Street Journal, part of a yearlong series about the expansion of the federal criminal code and the erosion of "criminal intent" requirements. The article chronicled the conviction of one Maryland man for actions prosecutors said weren't intentional. It explained how Lawrence Lewis ended up with a federal criminal record while trying to deal with clogged toilets at a military retirement home in Washington, D.C.
"He was subject to the same law that [would apply to] somebody who knowingly, willingly dumped toxic materials into a navigable water," said Mr. Sensenbrenner, who has introduced a bill to shrink the federal criminal code by a third and to define the level of criminal intent necessary to break the law.

"The only way I cannot die in prison is to tell the truth."

That was Scott Rothstein at his depo today -- and the lawyers were apparently buying it:

“I first asked him a little bit about why we should believe him,” said attorney Charles Lichtman, with the Fort Lauderdale law firm Berger Singerman, which is representing the bankruptcy trustee seeking to recover millions of dollars for investors and creditors. “I think Scott came off as extremely credible,” Lichtman said. “It was a nonstop dialogue about all aspects of the scheme. I guarantee the public has not heard a fraction of what happened. He ties together everything in a logical way.” Fort Lauderdale attorney William Scherer, who is suing Rothstein and others in a parallel civil case, backed that assessment. “In my judgment, he’s telling the truth,” said Scherer, who is representing 25 investors who lost $160 million. “It’s much worse than I realized. I’m saddened by some of what I’m hearing about my profession and my town.” Scherer, Lichtman and other lawyers interviewed outside the federal courthouse were reluctant to reveal the names of potential co-conspirators fingered by Rothstein in his deposition. But they said he spread the blame beyond himself, to colleagues in his former 70-attorney law firm to employees at the firm’s one-time bank, Toronto Dominion.

Let's bring in the criminal defense lawyer for some perspective here before we declare Rothstein the definition of truth: “It’s obvious to me there are people he’s going after and there are others he’s trying to protect,” said criminal defense attorney Sam Rabin, who is representing TD Bank vice president, Frank Spinosa. Spinosa dealt directly with Rothstein and is under criminal investigation.

Judge Trott from the Ninth Circuit has a good seminar on informants that he teaches to prosecutors. I wonder what he would say about Rothstein. This is a passage in which he tells prosecutors to commit to memory:

Criminals are likely to say and do almost anything to get what they want, especially when what they want is to get out of trouble with the law. This willingness to do anything includes not only truthfully spilling the beans on friends and relatives, but also lying, committing perjury, manufacturing evidence, soliciting others to corroborate their lies with more lies, and double-crossing anyone with whom they come into contact, including the prosecutor. A drug addict can sell out his mother to get a deal, and burglars, robbers, murders, and thieves are not far behind. Criminals are remarkably manipulative and skillfully devious. Many are outright conscienceless sociopaths to whom "truth" is a wholly meaningless concept. To some, "conning" people is a way of life. Others are just basically unstable people. A "reliable informant" one day may turn into a consummate prevaricator the next.