Wednesday, June 15, 2016

Jack Utsick pleads guilty

There was a lot of trial talk at the beginning of this case, but now we are headed to sentencing.  From the Miami Herald:

On the eve of trial, a once-powerful Miami Beach concert promoter pleaded guilty Friday to ripping off a single investor — though his federal plea deal still leaves him vulnerable to prison for the rest of his life.
Jack Utsick, who produced tours for Fleetwood Mac, Michael Jackson and other superstars, faces up to 17 years in prison and must repay more than $169 million to thousands of his investors, many of whom were retired commercial airline pilots like him.
But Utsick’s defense attorneys said their 73-year-old client is ailing and broke, factors that could help him obtain lighter punishment at his sentencing Aug. 23 before U.S. District Judge Cecilia Altonaga.
“We will be asking for a substantially lower sentence,” said Washington, D.C., lawyer Eric Lisann, who is working on the defense with Miami attorney David Weinstein.

Meantime, there is a lot of debate about whether the Orlando shooter's wife committed a crime.  From the Sun-Sentinel:
The wife of Orlando massacre shooter Omar Mateen, Noor Zahi Salman, is talking to the FBI, a law enforcement official said, speaking on condition of anonymity to discuss the investigation.
Among other things, investigators are looking at whether Salman helped Mateen plan or scout out the rampage at the Orlando nightclub, or knew about his plans.
Mateen visited a number of Disney properties since April, and was most recently spotted early this month in Disney Springs, an outdoor shopping and entertainment complex inWalt Disney World, according to a U.S. law enforcement official briefed on the investigation.
It's possible that Mateen's visit overlapped with Gay Days Orlando, which went from May 31 to June 6 this year. The annual event brings thousands of LGBT individuals and families to Central Florida.
 The organizers of Gay Days arrange some ticket packages at Disney parks during the annual event and designate parks to attend on certain days.Another U.S. official said that information provided to the FBI by Disney made it clear that Mateen was not simply acting as a tourist during a visit to Walt Disney World two or three months ago.
***
Mateen's wife, Salman, has told FBI agents that she drove with him to the Pulse nightclub on at least one occasion before Sunday's shooting, and that she accompanied him to shop at a firearms dealer.
Mateen bought a Glock handgun and an AR-15-type semiautomatic rifle during two separate visits this month to the St. Lucie Shooting Center, several miles from PGA Village, a gated community where he worked as a security guard.
The FBI is investigating whether Salman also had knowledge of his plan to attack and kill patrons at the gay nightclub.
If Salman knew of her husband's intent to commit terrorist acts and didn't report it to law enforcement, she could face criminal charges. But a federal law enforcement official said the Justice Department is in no rush to file charges because no evidence has emerged to suggest the gunman had accomplices, and there is no imminent threat of another attack.
Mateen was the target of a 10-month FBI investigation in 2013 and 2014, but the case was closed when a confidential informant, surveillance and eavesdropping did not turn up evidence of illegal activity. At that point Mateen's name was taken off the FBI Terrorist Screening Center's watchlist.
Had his name been in the watchlist when he bought the firearms he used in the shooting, an FBI agent working the case would have been notified.
Schiff said he told Comey during Tuesday's briefing that the FBI should change its procedure to ensure that an agent is notified when a former terrorism suspect buys a gun.
If the FBI can't make that change on its own, Schiff said, he will consider drafting legislation to do it.




Read more here: http://www.miamiherald.com/news/local/crime/article83118357.html#storylink=cpy

Monday, June 13, 2016

Love is love is love



What a nice message after the tragedy yesterday.

Some quick news:

1) Congrats to AUSA Amit Argawal for being named Florida S.G. He is quite the rising star. I had the pleasure of arguing some cases against Amit (including the cell site data case en banc) and he is a gentleman.

2) The CJA conference was this weekend in Naples. Judges Moore, Cooke Scola, Matthewman, and Hunt were there. Plus there was a wonderful talk by Judge Beverly Martin and FPD Michael Caruso. It was a really good conference.

3) In last week's Sanchez-Valle opinion (finding that Puerto Rico could not prosecute someone after the feds had already done so), Justice Ginsburg (joined by Thomas) wrote a concurrence stating that the whole dual sovereignty doctrine should be re-examined. This was the position that FACDL-Miami took in its amicus brief (the only amici to take such a position). Big ups to Howard Srebnick, Terry Reed, Teresa Enriquez and Margot Moss for pushing the issue.

4) Some more details about the text messaging dust-up before Judge Bloom last week. But still trying to find out what the actual texts were... From Paula M's story:
Authorities accused her of improperly sending text messages to the federal agent who worked under cover on her case. The messages, in Mandarin Chinese, were not deemed threatening but were sent during an overnight break in the agent's trial testimony last week, records show.

Friday, June 10, 2016

Pro tip for defendants -- do not text the undercover agent while he is testifying

Ooof.  That happened in Judge Bloom's courtroom this week, according to the Sun-Sentinel.  The defendant was then taken into custody:
South Florida jury convicted a California woman on Thursday of conspiring to send a $50 million missile-firing drone and jet fighter engines to China via Broward County.Wenxia Man, aka Wency, 45, of San Diego, was found guilty of conspiring to export military weapons, equipment and technical data to the People's Republic of China.
***
Authorities accused her of improperly sending text messages, in Chinese, to the federal agent who worked undercover on her case during a break in his testimony in her trial. The agent, from U.S. Immigration and Customs Enforcement/Homeland Security Investigations, reported the improper contact and U.S. District Judge Beth Bloom order Man taken into custody, according to court records.
Does anyone know what the text said?  Please email me if you have any further info! 



Thursday, June 09, 2016

Annual CJA conference in Naples

It's that time of year again, when all of the CJA lawyers take the Alligator Alley adventure.  Hopefully there will be none of this during the drive.  Instead, lawyers will get the latest Johnson updates, schmooze with some judges, and get to bond.

While this is going on, Jose Baez will be preparing for the Aaron Hernandez case.

Fun times...



Wednesday, June 08, 2016

Evidentiary hearing today in Spy-gate (Updated)

UPDATE -- so the courtroom was packed this afternoon.  Every seat was taken.  (When that happens, shouldn't the security people move the interns/clerks to the jury box to make more room for the public.)  It was mostly prosecutors and interns/clerks in the audience.  

Only one witness was called today, Rossana Arteaga-Gomez, the lawyer for Mr. Schapiro who was in the warehouse with the documents.  After about 2 hours, the rest of the testimony was taken in camera without the line prosecutor so he wouldn't learn any of the work-product material that the agent is alleged to have learned from the copies provided to her.  

Hearing continued till Monday.  Not much to report on today.

I've gotten some push back from my prosecution friends for calling it Spy-gate (the Patriots probably didn't like it either).  What about Copy-gate instead?

Original Post:

We need a better name for the case (U.S. v. Schapiro)...

Background here on the defense's claims that the government has been spying on its work product for the past 10 years.  Judge Cooke will hear evidence this afternoon

In the meantime, the defense filed its reply last night.