Here's some reading, sent from the road.
The case keeps getting worse for the government. It's time to drop it already, isn't it?
--David Oscar Markus
www.markuslaw.com
305-379-6667
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Friday, August 08, 2008
Law.com - Prosecutors Change Course on Money Laundering Charges Against Prominent Attorney
http://www.law.com/jsp/article.jsp?id=1202423615601
Tuesday, August 05, 2008
Agent Donald Pettit, RIP
More sad news today. Customs Agent Donald Pettit was shot to death in front of his daughter. The cause of the shooting looks like road rage. Herald article here.
Prosecutors seek protection
Julie Kay reports here on the government's desire to get prosecutors more protection:
In the wake of three murders and the recent attack on a federal prosecutor in a New York courtroom, a group representing the nation's federal prosecutors is calling for stepped-up security, including home alarms, self-defense training and the right to carry firearms.Additionally, the National Association of Assistant U.S. Attorneys, which represents the country's 5,400 federal prosecutors, wants secure parking for prosecutors, particularly those who handle dangerous criminal cases."Statistically, we are threatened more than judges," said Steve Cook, chairman of the NAAUSA security committee and a Tennessee federal prosecutor. "Security is a very important issue for us."
Hmmmm. Self-defense training? My advice -- let the Marshals do the defending for you guys. That's all we need -- [INSERT NAME HERE] going toe to toe with an armed career criminal...
According to the article, prosecutors also want to be able to carry firearms without having to wait two weeks to get approval. Oh boy.... How long till a defense lawyer gets shot?
In the wake of three murders and the recent attack on a federal prosecutor in a New York courtroom, a group representing the nation's federal prosecutors is calling for stepped-up security, including home alarms, self-defense training and the right to carry firearms.Additionally, the National Association of Assistant U.S. Attorneys, which represents the country's 5,400 federal prosecutors, wants secure parking for prosecutors, particularly those who handle dangerous criminal cases."Statistically, we are threatened more than judges," said Steve Cook, chairman of the NAAUSA security committee and a Tennessee federal prosecutor. "Security is a very important issue for us."
Hmmmm. Self-defense training? My advice -- let the Marshals do the defending for you guys. That's all we need -- [INSERT NAME HERE] going toe to toe with an armed career criminal...
According to the article, prosecutors also want to be able to carry firearms without having to wait two weeks to get approval. Oh boy.... How long till a defense lawyer gets shot?
Monday, August 04, 2008
Steve Chaykin funeral
I just got back from Steven Chaykin's funeral, which was very emotional and extremely well-attended.
I only knew Steve professionally, having worked with him on a couple of cases. But after the funeral, I felt like I've known the guy for a long long time. His brother Robert Chaykin and his sister Robin Chaykin spoke beautifully. Donna Shalala from UM spoke, as did his friends Sam Rabin, David Mandel, Dan Gelber, and Bruce Udolf.
Rumpole wrote a very nice tribute on his blog about Steve. I echo the sentiment.
Here's more from SFlaLawyer:
Steve's younger brother Robert shared tearful remembrances of growing up in North Miami Beach, and running away at age 9 to the nearby Royal Castle and 163rd Street Mall, playing in a local band, and even getting into a sibling squabble or two.Steve's younger sister Robin perhaps is a secret Dylan ranter, as she quoted the lyrics from "You're Gonna Make Me Lonesome When You Go":
But I'll see you in the sky above,In the tall grass, in the ones I love,Yer gonna make me lonesome when you go.
UM President Donna Shalala ended her eloquent tribute to a huge UM booster with an invitation to Steve's ten-year old daughter Sydney -- the door is always open for you at the University of Miami.Sam Rabin -- still shocked as are we all -- told old stories, funny stories, and gave us a picture of a man that he described as a total "mensch."David Mandel choked back tears as he quietly remembered a dear friend and mentor.Dan Gelber was funny, quick, and to the point as usual, and ended with some beautiful words to Steve's daughter about a man that he said "took him under his wing and never left."Bruce Udolf shared several remarkable stories of "Diamond Steve" Chaykin and the heyday of the US Attorney's Office in the 80s and early 90s. He even said that Steve and Bruce were perhaps planning to assist in restoring public trust in the US Attorney's office, and of course everyone in Steve's orbit shared his passion for politics and for a change in the direction of the country.
I only knew Steve professionally, having worked with him on a couple of cases. But after the funeral, I felt like I've known the guy for a long long time. His brother Robert Chaykin and his sister Robin Chaykin spoke beautifully. Donna Shalala from UM spoke, as did his friends Sam Rabin, David Mandel, Dan Gelber, and Bruce Udolf.
Rumpole wrote a very nice tribute on his blog about Steve. I echo the sentiment.
Here's more from SFlaLawyer:
Steve's younger brother Robert shared tearful remembrances of growing up in North Miami Beach, and running away at age 9 to the nearby Royal Castle and 163rd Street Mall, playing in a local band, and even getting into a sibling squabble or two.Steve's younger sister Robin perhaps is a secret Dylan ranter, as she quoted the lyrics from "You're Gonna Make Me Lonesome When You Go":
But I'll see you in the sky above,In the tall grass, in the ones I love,Yer gonna make me lonesome when you go.
UM President Donna Shalala ended her eloquent tribute to a huge UM booster with an invitation to Steve's ten-year old daughter Sydney -- the door is always open for you at the University of Miami.Sam Rabin -- still shocked as are we all -- told old stories, funny stories, and gave us a picture of a man that he described as a total "mensch."David Mandel choked back tears as he quietly remembered a dear friend and mentor.Dan Gelber was funny, quick, and to the point as usual, and ended with some beautiful words to Steve's daughter about a man that he said "took him under his wing and never left."Bruce Udolf shared several remarkable stories of "Diamond Steve" Chaykin and the heyday of the US Attorney's Office in the 80s and early 90s. He even said that Steve and Bruce were perhaps planning to assist in restoring public trust in the US Attorney's office, and of course everyone in Steve's orbit shared his passion for politics and for a change in the direction of the country.
Saturday, August 02, 2008
I'm backkkkkk
Who was the little rat who lied and told Google we were a spam blog, huh? (A couple of days ago we received a msg from Google saying that we were under suspicion of being a spam blog. Google therefore blocked us and said that until it could investigate, we were shut down... This happened to Rumpole a while back too. He was gracious enough to agree to post anything important while we were blocked, but I figured I could use a day or two without blogging.)
Well, your dirty tricks didn't work...
We're back baby.
And now we know what Jay Weaver has been holed up doing the last couple of weeks.... writing about Medicaid fraud. Lots of words to read here.
Cliff's Notes version -- There is a great deal of Medicaid fraud in Florida. 
Thursday, July 31, 2008
Steve Chaykin
The funeral will be held this Monday, August 4th, at Temple Beth Shalom at 11:30 AM. The temple is located at 4144 Chase Avenue on Miami Beach. That is at 41st Street and Chase. The synagogue's phone number is 305.538.7231.
Donations in lieu of flowers can be made to the "Sydney Chaykin College Fund" and mailed c/o
Mr. Sam Rabin
Suite 606
Eastern National Bank Building
799 Brickell Plaza
Miami, Florida 33131
Donations in lieu of flowers can be made to the "Sydney Chaykin College Fund" and mailed c/o
Mr. Sam Rabin
Suite 606
Eastern National Bank Building
799 Brickell Plaza
Miami, Florida 33131
Wednesday, July 30, 2008
RIP Steven Chaykin
I just got terrible terrible news. All around great guy Steve Chaykin died today in Aspen rescuing his wife. This article reports:
ASPEN - A Florida man has died after jumping into a river on Wednesday while trying to save his wife near Aspen.
The Pitkin County Sheriff's Department says the man, Steven Chaykin of Florida, and his wife, who has not been identified, were near the Roaring Fork River 10 miles east of Aspen up Independence Pass.
Deputies on scene say the woman slipped into the river, then Chaykin jumped in to rescue her, but hit his head on a rock.
Bystanders pulled Chaykin from the water and started CPR, but he later died at the Aspen Valley Hospital.
More from the Aspen paper:
A 57-year-old Florida man died at the Grottos on Independence Pass near Aspen on Wednesday.The man, whose name has not yet been released, slid into a pool to rescue his wife, who had fallen in before him at about 1:30 p.m.The women hit her head and injured her leg, but was otherwise OK, authorities said.The man, however, suffered a severe head injury in the slide then fell over a 15-foot fall into the pool below, witnesses said.A few groups of day hikers at the nearby ice cave jumped into action when they heard screams from the waterfall, but it took five minutes to get the man out of the pool, where he floated face-down.One witness ran to her vehicle and drove toward Aspen, dialing 911 as soon as she was within cell phone range. Others performed CPR until Aspen firefighters and Pitkin County sheriff’s deputies arrived.CPR was stopped at 2:37 p.m.Rescue crews transported the injured woman on a backboard to the trailhead and by ambulance to Aspen Valley Hospital.The Grottos is a popular summertime spot east of Aspen, off Highway 82 as it climbs toward Independence Pass. The Roaring Fork River tumbles over waterfalls and through pools formed in the smoothed stone, creating an enticing spot to take a dip.
The whole community will be mourning Steve's untimely death. Our condolences to his family.
ASPEN - A Florida man has died after jumping into a river on Wednesday while trying to save his wife near Aspen.
The Pitkin County Sheriff's Department says the man, Steven Chaykin of Florida, and his wife, who has not been identified, were near the Roaring Fork River 10 miles east of Aspen up Independence Pass.
Deputies on scene say the woman slipped into the river, then Chaykin jumped in to rescue her, but hit his head on a rock.
Bystanders pulled Chaykin from the water and started CPR, but he later died at the Aspen Valley Hospital.
More from the Aspen paper:
A 57-year-old Florida man died at the Grottos on Independence Pass near Aspen on Wednesday.The man, whose name has not yet been released, slid into a pool to rescue his wife, who had fallen in before him at about 1:30 p.m.The women hit her head and injured her leg, but was otherwise OK, authorities said.The man, however, suffered a severe head injury in the slide then fell over a 15-foot fall into the pool below, witnesses said.A few groups of day hikers at the nearby ice cave jumped into action when they heard screams from the waterfall, but it took five minutes to get the man out of the pool, where he floated face-down.One witness ran to her vehicle and drove toward Aspen, dialing 911 as soon as she was within cell phone range. Others performed CPR until Aspen firefighters and Pitkin County sheriff’s deputies arrived.CPR was stopped at 2:37 p.m.Rescue crews transported the injured woman on a backboard to the trailhead and by ambulance to Aspen Valley Hospital.The Grottos is a popular summertime spot east of Aspen, off Highway 82 as it climbs toward Independence Pass. The Roaring Fork River tumbles over waterfalls and through pools formed in the smoothed stone, creating an enticing spot to take a dip.
The whole community will be mourning Steve's untimely death. Our condolences to his family.
You gotta know when to hold em...
They say that the best trial lawyers are good gamblers.
Well, Bill Barzee and Joel Denaro took a huge gamble today, which almost paid off big. After a week of trial before Judge Jordan, the jury was deadlocked. Barzee and Denaro decided to ask for a majority-wins verdict. Jordan said that if the prosecutor, Frank Tamen, would agree the Court would accept the non-unanimous decision. Tamen said no. So mistrial.
What was the vote, you ask.
7-5 for acquittal...
Conventional wisdom from the defense bar is to always require a unanimous verdict; never agree to majority wins. Typically, it's the government, not the defense, that requests such a jury decision.
Dear readers, what do you think about the conventional wisdom? About the Barzee/Denaro gambit? Better to live to fight another day? Or take the verdict with the first trial, your best shot at victory?
Here's some of the Herald article on the case:
Federal prosecutors in Miami have failed to secure a conviction of a man who -- according to his own lawyers -- smuggled enormous amounts of cocaine into the United States from Colombia.
The reason: The feds were unable to prove to the jurors' satisfaction that the crimes of Hernan Prada occurred within the statute of limitations.
As a result, jurors split 7-5 on Tueday in favor of acquittal, forcing U.S. District Judge Adalberto Jordan to declare a mistrial in the trial of Hernan Prada.
Prosecutors are expected to retry Prada, who authorities said once ran an international enterprise that pulled in hundreds of millions of dollars a year, as soon as next month.
During the seven-day trial, it was never in dispute that Prada at one time oversaw shipments of cocaine from Colombia to the United States. Even his lawyers conceded that point.
However, that was not enough for a conviction. The underlying issue of the case was this: Did the alleged Colombian drug-cartel kingpin plan or execute any deals after July 2, 1999, when the statute of limitations in his case would have expired?
When it became clear that a unanimous verdict was unlikely, the defense took an enormous chance.
At Prada's urging, attorneys William Barzee, Joel Denaro and Jelani Davis petitioned the court for a rarely used provision: a non-unanimous verdict. At the time of the proposal, it was not known which side had the most jurors in its corner.
All that was needed to declare guilt or innocence in such a case was a simple majority.
Jordan considered the proposal. Assistant U.S. attorney Frank Tamen dismissed it immediately. Later, it became clear that Prada would have walked if the prosecution had agreed.
''Our instinct was right,'' Denaro said. ``It would have been spectacular if they had agreed. It was really intense.''
Well, Bill Barzee and Joel Denaro took a huge gamble today, which almost paid off big. After a week of trial before Judge Jordan, the jury was deadlocked. Barzee and Denaro decided to ask for a majority-wins verdict. Jordan said that if the prosecutor, Frank Tamen, would agree the Court would accept the non-unanimous decision. Tamen said no. So mistrial.
What was the vote, you ask.
7-5 for acquittal...
Conventional wisdom from the defense bar is to always require a unanimous verdict; never agree to majority wins. Typically, it's the government, not the defense, that requests such a jury decision.
Dear readers, what do you think about the conventional wisdom? About the Barzee/Denaro gambit? Better to live to fight another day? Or take the verdict with the first trial, your best shot at victory?
Here's some of the Herald article on the case:
Federal prosecutors in Miami have failed to secure a conviction of a man who -- according to his own lawyers -- smuggled enormous amounts of cocaine into the United States from Colombia.
The reason: The feds were unable to prove to the jurors' satisfaction that the crimes of Hernan Prada occurred within the statute of limitations.
As a result, jurors split 7-5 on Tueday in favor of acquittal, forcing U.S. District Judge Adalberto Jordan to declare a mistrial in the trial of Hernan Prada.
Prosecutors are expected to retry Prada, who authorities said once ran an international enterprise that pulled in hundreds of millions of dollars a year, as soon as next month.
During the seven-day trial, it was never in dispute that Prada at one time oversaw shipments of cocaine from Colombia to the United States. Even his lawyers conceded that point.
However, that was not enough for a conviction. The underlying issue of the case was this: Did the alleged Colombian drug-cartel kingpin plan or execute any deals after July 2, 1999, when the statute of limitations in his case would have expired?
When it became clear that a unanimous verdict was unlikely, the defense took an enormous chance.
At Prada's urging, attorneys William Barzee, Joel Denaro and Jelani Davis petitioned the court for a rarely used provision: a non-unanimous verdict. At the time of the proposal, it was not known which side had the most jurors in its corner.
All that was needed to declare guilt or innocence in such a case was a simple majority.
Jordan considered the proposal. Assistant U.S. attorney Frank Tamen dismissed it immediately. Later, it became clear that Prada would have walked if the prosecution had agreed.
''Our instinct was right,'' Denaro said. ``It would have been spectacular if they had agreed. It was really intense.''
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