"Take a Deep Breath. Tell Me What the Issue Is."

It seems premature to write too much about the Lewis Tein state court hearing as it is still ongoing and Calli has yet to present his case, but here's what has been reported so far:

Jay Weaver reports on Mike Tein's testimony:

At Tuesday’s hearing, the judge asked Tein how he could “account” for his former clients’ testimony the day before that they didn’t “remember any of those conversations” about legal bills with him.

“I was sad to hear that,” Tein told the judge, then suggested that his former clients were under pressure from the Miccosukee Tribe because of the high stakes of the litigation.

Tein also testified that after Billie testified Monday, she hugged him and told him that she loved him and she was sorry. Tein also said that he told her that he loved her.

“I forgive her for what she did’’ Monday. Tein testified. “I don’t think she was herself.”

 Meanwhile, the DBR picked up a slightly different angle, but the story is inexplicably not online.

Finally, here's an anecdote from LKLSG(!) managing partner Jeff Schneiner about how he helped an associate manage stress:

Case in point: Lawyer Jeff Schneider, managing partner of Levine Kellogg Lehman Schneider & Grossman in Miami, was clacking away on the keyboard one day when an associate walked in. “I’m dying,” the young lawyer declared. “Deadlines are piling up on me.”

Read more here: http://www.miamiherald.com/2013/04/16/3347863/overwhelmed-at-work-be-smart-when.html#storylink=cpy

“Take a deep breath,” Schneider replied, “Tell me what the issue is.”

The associate explained that two cases had exploded at the same time and work was piling up. Schneider suggested bringing in another lawyer for support.

It’s a familiar scenario, Schneider said.

Most bosses prefer that conversation, he said to the alternatives — missed deadlines, mistakes or health issues. In the past, he has worked in environments where people fear speaking up or asking for help. “Usually, they lose it and quit.”

Nice job Jeff, especially the "deep breath" line -- Scott Rogers' mindfulness training is starting to make a difference!

Read more here: http://www.miamiherald.com/2013/04/16/3347863_p2/overwhelmed-at-work-be-smart-when.html#storylink=cpy

Read more here: http://www.miamiherald.com/2013/04/16/3347079/miccosukee-tribe-member-testifies.html#storylink=misearch#storylink=cpy

Lewis Tein State Court Motion for Discovery!

Today is a scheduled hearing in state court regarding discovery sought by Lewis Tein against the Miccosukee Tribe and the plaintiff's lawyers.

The topic of the discovery?

Alleged collusion between the Tribe and the Bermudez plaintiff's lawyers to concoct "sham" allegations against Lewis Tein.

It's an aggressive motion, to the say the least, and you can read the whole thing here.

Lewis Tein Files Motion to Compel!

Lewis Tein has filed a motion to compel in the federal RICO case brought by the Miccosukee Tribe.

In a no-holds bar filing, the law firm makes a strong case:

If there is a single piece of paper -- generated by or in the possession of the Tribe prior to preparing the instant Complaint – that supports the Tribe’s outrageous accusations against Lewis Tein, the Tribe has yet to produce it. If one exists, Lewis Tein is entitled to it. If it is privileged, the Tribe must log it. And if no such documents exist, the Tribe should say so, instead of hiding behind objections and evasive language.

If it does not fit....oops, wrong locution.

Actually, I like the simple, declarative sentence structure.

(BTW, the new Mag on the case is Judge Torres.)

So You Want to Be a Federal Judge?

Now is the time:

Pursuant to the instructions set forth in the attached letter from Senator Bill Nelson and Senator Marco Rubio, dated February 16, 2012, the Florida Federal Judicial Nominating Commission is now accepting applications for the following position:

• U.S. District Judge, Southern District of Florida

This vacancy was created by the Senate's recent confirmation of U.S. District Judge Adalberto Jordan to the U.S. Court of Appeals for the Eleventh Circuit.

The revised Rules of Procedure for the Judicial Nominating Commission, dated April 11, 2011, application forms with incorporated instructions, and the names and addresses of the members of the Commission, dated February 14, 2012 are available at the following websites: 1) The Florida Bar (www.floridabar.org), 2) District Court for the Northern District of Florida
(www.flnd.uscourts.gov), 3) District Court for the Middle District of Florida (www.flmd.uscourts.gov), and 4) U.S. District Court for the Southern District of Florida (www.flsd.uscourts.gov). In addition, these materials may also be obtained from the Commission's Statewide Chair John M. Fitzgibbons, The Law Offices of John M. Fitzgibbons, 707 North Franklin Street, Suite 700, Tampa, FL 33602, Telephone: (813) 221-8800.

Completed applications must be received by the Commission's Statewide Chair and each Commission member in the manner specified by the Rules of Procedure by 5 p.m., Monday, March 26, 2012. Applicants who are selected by the Commission for personal interviews will be interviewed on Friday, April 27, 2012, at the Judge's Conference Room, 14th Floor, Wilkie D. Ferguson, Jr. U.S. Courthouse, 400 North Miami Avenue, Miami, Florida. The names of the applicants who are selected for personal interviews with the Commission, as well as the interview times, will be published on each website on or before April 18, 2012.

In other news,  this guy is the reason why everyone has to show up and support the retention of Justices Quince, Lewis, and Pariente at the fundraiser next week:

The retention referendum deciding whether Justices Fred Lewis, Barbara Pariente and Peggy Quince are to keep their jobs for the next six years — or whether Gov. Rick Scott gets to replace them —appears likely to become the most hotly contested judicial elections in more than 20 years.
No justice or District Court of Appeals judge has ever been voted off the bench, since Florida switched from competitive elections to the appoint-and-retain model in 1976, but none has faced the kind of organized effort being mounted by a Central Florida group.

"I wouldn't want a judge thrown off the bench for one bad ruling," said Jesse Phillips, a Winter Park computer programmer who heads Restore Justice 2012. "But what we've seen on the Florida Supreme Court is a pattern of judicial activism."

Phillips cited court rulings removing the Legislature-sponsored Health Care Freedom Act from the ballot in 2010 — a corrected version is back on this year's ballot — and a 2000 ruling that struck a death-penalty constitutional amendment after voters had approved it.

Phillips said his only previous political experience was an unsuccessful 2010 effort to deny Justices Jorge Labarga and James E.C. Perry new six-year terms. Both men survived, but by about 6 percent less than Justices Charles Canady and Ricky Polston, who were not challenged for retention.
"It was purely a grass-roots campaign in just a few weeks, and we were able to move the results by six or eight points," said Phillips. "What we're running is a voter-education campaign. We're not telling people to vote yes or no, but laying out the record of the judges."

Let's hope this doesn't become a trend.

Finally, Paul Calli continues to happen.

Happy Friday!

Loan Me Fifty (Thousand) Dollars!

Anyone else catch this story about our State Attorney Kathy Rundle:

Miami-Dade County State Attorney Katherine Fernandez Rundle has found a high-return investment, according to public records. Rundle lent $50,000 to a Key Biscayne homeowner at 12 percent interest.

“Well, I needed money quickly,” international lawyer Robert Feinschreiber said. “I had medical bills piling up. I know it’s a high interest, but I had no choice.”

According to court papers, he signed the two-year loan in 2007.

The deal, which wasn’t registered in archives, came to light as Feinschreiber is now facing foreclosure from a bank.

“Ms. Rundle has an interest in the apartment,” Feinschreiber said. “That’s why her name popped up.”

Another citizen, Elaine F. Rand, loaned Feinschreiber $50,000 at the same rate on the same day, according to documents.

“There’s nothing improper here,” Feinschreiber said. “I don’t even know Ms. Rundle. I was approached by a lawyer friend of mine who said he knew people who could help me and he told me later it was the state attorney.”
 
Ed Griffith, Rundle’s spokesman, said he couldn’t comment on the state attorney’s personal matters. And the state attorney didn’t reply to an email seeking comment. 

Huh?

I wonder what her rates are for home equity lines -- I'd like to add another hot tub (you can never have enough of them).

In other news, Paul Calli and "racy texts."

Hey, I just report this stuff.

Read more here: http://www.miamiherald.com/2012/02/12/2635294/radio-host-sid-rosenberg-alleged.html#storylink=misearch#storylink=cpy

Shadows and Light.

Sheesh, what to talk about this morning?

I'm reminded of Joni's Shadows and Light:

Every picture has its shadows
And it has some source of light
Blindness, blindness and sight
The perils of benefactors
The blessings of parasites
Blindness, blindness and sight
Threatened by all things
Devil of cruelty
Drawn to all things
Devil of delight
Mythical devil of the ever-present laws
Governing blindness, blindness and sight

Pacenti writes up an ugly lawyer divorce drama that has been percolating for years but which now sweeps up our endless judicial fundraiser system and potential conflicts of interest :

 A Miami-Dade circuit judge won’t step out of a custody battle between two well-known South Florida lawyers even though the ex-wife’s attorney’s firm co-sponsored a political fundraiser for the judge’s re-election.

Carlton Fields partner Paul Calli is appealing Miami-Dade Judge Maria Espinosa Dennis’ decision to stay in the case. She is up for re-election this year.

Calli claims the fundraiser was within 48 hours of a scheduled hearing in the dispute with his ex-wife, Sarah Mourer, a University of Miami professor of clinical legal education and director of UM’s Death Penalty Clinic and co-director of the Innocence Clinic.

This will be very interesting when the 3d DCA rules.

Personally, I'd rather focus on this nice story about Richard Milstein and the issues LGBT couples face as they near retirement:

This is certainly a concern for Richard Milstein, a Miami attorney. He and his partner of 10 years, Eric Hankin, a public school teacher, have made sure their estate planning is in order. But if Milstein, who has two adult children with his ex-wife, were to die first, Hankin won’t be eligible for Social Security spousal benefits — though the couple married in Iowa two years ago.

“My siblings have children and there’s a certain expectation that these children will take care of them,” Hankin says. “I don’t have any children, but I’m fortunate to have stepchildren and we have a good relationship.”

But even that kind of relationship can be tenuous, whether or not the survivor is gay or straight.

Milstein says that’s one of his concerns if he outlives Hankin.

“I’m older so my thought is I will go first,” he says. “In that case, I worry if he will be able to continue that relationship” with Milstein’s children and a new grandchild.

 Here's another real-life consequence of our antiquated prohibition on same-sex marriages -- let's treat them like every other married couple.

Time to cue Joni:

Critics of all expression
Judges in black and white
Saying it's wrong, saying it's right
Compelled by prescribed standards
Or some ideals we fight
For wrong, wrong and right
Threatened by all things
Man of cruelty-mark of Cain
Drawn to all things
Man of delight-born again, born again
Man of the laws, the ever-broken laws
Governing wrong, wrong and right
Governing wrong, wrong and right
Wrong and right

Let's finish with Gabby D on The Daily Show!

Love the clip!

Read more here: http://www.miamiherald.com/2012/01/31/v-fullstory/2615925/golden-years.html#storylink=cpy

Paul Calli and Steve Bronis Score Big!

After 12 weeks of grueling trial before Judge Leon in DC, he tosses the conspiracy charges:

A federal judge presiding over a landmark foreign bribery case in Washington, D.C., dismissed conspiracy charges against six defendants Thursday, exonerating one of them entirely.
The ruling is a major setback for the Department of Justice, which has touted the case as an example of its efforts to get tough on foreign corruption. The trial, which began in September, is the second in a series of criminal trials to arise from a Federal Bureau of Investigation sting operation targeting corruption in the military equipment industry.

In an unusual procedural move, U.S. District Judge Richard Leon on Thursday threw out the conspiracy counts after 12 weeks of trial, saying there wasn't enough evidence to justify sending the charges to the jury to decide, according to court transcripts seen by Dow Jones Newswires.
Leon's ruling meant that defendant Stephen G. Giordanella, who was accused only of conspiring to violate the U.S. Foreign Corrupt Practices Act, was exonerated entirely. The remaining five defendants still face counts of substantive violations of the FCPA, a 34-year-old law that prohibits bribes to foreign officials to win business.

The Department of Justice declined to comment. 

 But our man Calli certainly did:

Giordanella's lawyer, Paul Calli, said he was grateful the court had made the "correct and just ruling."

"Mr. Giordanella was innocent and should have never been accused in the conspiracy," Calli said. "In many respects, the DOJ's fake Gabon conspiracy represents a prosecution at its most dangerous. He's grateful to be exonerated and to begin putting this behind him."

 Congratulations!

Paul Calli Is A (Private) Dick.

I've always wanted to write that headline, and now I can:

This week, Calli and his firm, Carlton Fields, were tapped by the FPL Group to investigate allegations of fraud.

In two letters, anonymous FPL employees have alleged that FPL executives broke the law by forcing employees to provide inaccurate or misleading information to regulators and shareholders.

Legal experts say the allegations could open a Pandora's box of trouble for the Juno Beach-based company.

"These allegations are very serious, and they require diligence and patience by FPL," said Scott Weires, an attorney in the Boca Raton office of Buckingham, Doolittle & Burroughs. "They cut to the core of the structure upon which the rates for the entire state are based. If there's fraud there, imagine the amounts of money potentially at risk."

In a e-mail sent Monday to employees, FPL Group Chairman Lew Hay said the company hired Carlton Fields because of the serious nature of the allegations, and because the anonymous employees have failed to provide specific facts supporting their allegations.

Gerald Richman, a West Palm Beach attorney who formerly served as president of The Florida Bar, called Carlton Fields "an excellent law firm with a long-standing reputation."

But it's not all s*&ts-and-giggles:

But employees are frightened by the inquiry, said Thomas Saporito of Jupiter, a former FPL employee. He lost his claim that he was fired 22 years ago after raising concerns about safety at an FPL plant. Rather than a quest for the truth, Saporito said the fear is that FPL is on a "witch hunt" designed to find, and silence, the still-anonymous whistle-blowers.

Saporito, who said he keeps in touch with FPL workers, said the letters reflect the rising frustration level felt by employees. "What you have," Saporito said, "is a revolution going on inside that company."

Don't worry kids, they hired a quality guy who will do the right thing.

Robbery Suspect Denounces Robbery Investigation As "Unwise."

Oy did I wake up pissed off this morning.

But then I read John Pacenti's tremendous column today and learned that former prosecutor Sean Cronin, who got into such hot water for his shockingly poor judgment during the Ali Shaygan trial before Judge Gold (now on appeal), is actually working on Gitmo cases!?!?!

Thanks John, now I feel a whole lot better.

Here's Senor Calli on this pickle of a predicament:

“I was surprised to learn that there would be an appeal of that order with a professed view from the Department of Justice in Washington to hold prosecutors accountable,” he said. “Judge Gold is one of the finest district court judges in the country. He went to great pains at the sanctions hearing to protect the due process rights of these prosecutors and law enforcement agents and gave them every opportunity to explain themselves.”

Calli said Gold, along with many federal jurists around the country, is concerned that prosecutors are not being held accountable by their department.

“I think whether it’s in Alaska or Florida or in Boston, you are seeing district judges police their own courtroom,” he said.

Ahh yes, accountability --a wonderful concept that should in all cases be applied strictly to others.

Angry commuter Joe DeMaria chimes in:

“Government seems to be blind to the message Judge Gold was sending,” DeMaria said. “I’m concerned when a senior government prosecutor seeking the position of U.S. attorney is being defensive about it. Whether it’s sanctionable or not, the conduct was not defensible.”

Defensive? Lack of accountability?

You want to talk defensive and unaccountable conduct, consider the Dark One's appearance on Fox News Sunday:

“We ask these people to do some very difficult things,” Mr. Cheney said. “They do so at the direction of the president.”

Interesting choice of words, "difficult."

In what sense is it "difficult" for the perpetrator to have to torture someone "at the direction of the President"?

Hmm, this reminds me of a discussion we had recently on Rump's blog.

You mean it's "difficult" for the torturer in that sometimes this person is called on by the state to be ruthless, to be cold-blooded, to be merciless in committing what some might from the outside view as cruel, inhumane or even immoral acts -- to compartmentalize and justify these actions because they are being done for the greater good, for the nation, for total Victory, and for Our Fearless Leader?

Nope, good thing modern Western Civilization has never encountered that impulse before.

"I'd Rather Not Answer That" = YES.

The inestimable Julie Kay breaks news as usual regarding the shameful effort by prosecutors in Alex Acosta's office to trap uber-lawyer David O. Markus, which resulted in an explosive $600k sanctions order by Judge Gold:

The three prosecutors themselves are appealing. Josefsberg and Pearson filed a notice of appeal for Hoffman, and Martinez and colleagues Maureen Lefebvre and Susan Tarbe filed a motion on behalf of Cronin.

Martinez said he will argue that Cronin and the others were wrongly denied the opportunity to speak at the hearing when they were sanctioned.

“They were excluded and didn’t have the opportunity to put on their case,” he said. “Just as [defense attorney David O.] Markus wants due process rights, we feel Mr. Cronin is entitled to his due process rights. It is appropriate for him to be heard by the judge.”

Gilbert has not yet filed a notice of appeal. Becerra, who moved to Greenberg from the U.S. attorney’s office, has taken the case pro bono, according to her secretary. Becerra is out of the office on parental leave.

When asked whether Martinez, a former Miami U.S. attorney, was representing him pro bono, Cronin said, “I’d rather not answer that.”

Oh man, that's rich -- was Sean so flustered by Julie's question that all he could do was say "I'd rather not answer" -- thereby answering by not answering? Was he not prepared to handle that inquiry? What's the big deal about going pro bono in the first place? (Note -- corrected, thx).

BTW, I love that these prosecutors are now pleading for due process -- which of course they deserve -- when it was apparent from the sanctions order that due process was not exactly at the top of their trial to-do list.

Also, didn't Cronin testify (lamely) for several hours before Judge Gold anyways? As the Judge repeatedly told him, "tell the truth, Mr. Cronin."

Plus, even my buddy Paul Calli gets quoted!

And, in a surprise move, so does Kendall Coffey.

Walter and Donald, sing this one out please.....

SFL Monday Monday.

It's cold, rainy, dreary, and wet, everywhere I look there are toxic assets -- and I haven't even left my house yet.

Welcome to Monday.

Let's see, I like happy endings, don't you?

Here's one for the Carlton Fields white collar trial team of Mike Pasano, Paul Calli, and Marissel Descalzo, who represented attorney Luisa Inclan Bird:

A jury found Puerto Rico's former governor not guilty Friday on all nine counts including conspiracy, money laundering and lying to the FBI, concluding his monthlong corruption trial.

Anibal Acevedo Vila, who could have faced 20 years in prison if convicted, was the first governor to be charged with a crime since the island became a semiautonomous U.S. commonwealth in 1952.

Acevedo made the sign of the cross as he heard the verdict and began to cry, as did former adviser Luisa Inclan, who was also cleared of similar charges.

Judge Paul Barbadoro faced both defendants after the verdict. "This case has ended. You are free to go," he said.

The acquittal is a major blow to the U.S. Attorney's office, which prosecuted the governor in an election year — likely contributing to his defeat in one of the most lopsided elections in Puerto Rican history.

U.S. Attorney Rosa Emilia Rodriguez said Friday that she respects but disagrees with the verdict. She also denied that evidence was weak.

"The circumstantial evidence allowed for inferences to be made that the jury did not understand as such, but we accept that," she said.

In other words -- great prosecution, dumb jury. Congrats guys!

In other news, our elusive butterfly may have spread his wings again, and we are looking for Peggyann Delaney in connection with a 50th high school reunion. Any leads, please let me know.

Sheesh, what am I, the local pennysaver?