Wednesday, October 26, 2016

Third case of spying on the defense alleged

After Monday's post, I received an email tip with the following case of alleged spying, which is the third time it is alleged that the prosecution has invaded the defense camp. This one is from the summer but it is still being litigated.  From the Florida Bulldog:
Miami federal prosecutors stand accused of spying on the defense – this time in the case of an alleged $28-million, international sweepstakes fraud.
As described in court papers, the “invasion of the defense camp” appears to have begun in February when one of four defendants in the case cut a secret plea deal with the U.S. Attorney’s Office and began working undercover.
The informant, John Leon of Wilton Manors, participated in defense team strategy sessions for three months as a government “mole,” obtaining documents and listening to privileged discussions about witnesses and other sensitive defense matters and reporting back to the government, the documents say.
The fallout: defense accusations that the case has been irretrievably “tainted” due to constitutional violations of the attorney-client privilege.
“For a period exceeding two months, Leon, acting as a government informant with the government’s acquiescence, invaded the defense camp where he learned critical defense strategies by actively participating in numerous meetings, after already accepting a government plea and agreeing to cooperate,” say court papers filed by attorneys Marc Nurik of West Palm Beach, J. David Bogenschutz of Fort Lauderdale and Marshall Dore Louis of Miami.
The judge ... has sided so far with the defense. On Aug. 3, after an initial hearing, he ordered the government to turn over to the defense all “rough notes” of interviews of Leon by Internal Revenue Service agents who helped build the government’s fraud case. The defense had sought the agents’ notes, contending the government had “carefully sanitized” memos of interviews with Leon produced to the defense.


the trialmaster said...

In my many years of practice I have never heard of such egregious unconstitutional violations. When Judge Scola was a defense attorney he was involved in a similar case where all of the defense attorneys signed a mutual agreement to avoid such a infiltration into the joint defense camp by a government informant. He is the best judge to have in this case.

Anonymous said...

He doesn't. It's with Gayles.

Anonymous said...

"And so, we shall go to war!"