WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Thursday, March 12, 2009

FEDS PUT IN THEIR PLACE

BREAKING BLOG NEWS THAT OUR FAVOURITE FEDERAL BLOGGER DAVID O MARKUS AND HIS DEFENSE TEAM RECEIVED A NOT GUILTY ON ALL 140 + COUNTS  TODAY. DAVID WAS DEFENDING A DOCTOR AND IT WAS REVEALED DURING THE TRIAL THAT THE PROSECUTION, WITHOUT PERMISSION FROM THE DOJ, TAPED DAVID AND HIS DEFENSE TEAM. 

WELL DONE!!!!!!

UPDATE.  According to the Herald article, the matter is not over with the not guilty verdicts. Federal District Judge Alan Gold will let the prosecutors stew in their misery over the weekend and then call them on he carpet Monday morning to have them explain their behavior during the investigation and trial of this matter. From threats and retaliation against Markus and his client when the defense filed a motion to suppress the client's statement (the prosecution  superseeeded the indictment and added 140 counts, then lost the motion to suppress because the magistrate found the lead agent was not credible) to the secret tapings of the defense team for which they did not obtain permission from Washington, the prosecutors have a lot to account for. 

 Then for the defense their is the troubling matter of not pleading guilty in Federal court. For that, the prosecution is expected to argue that Markus and Seitles should be subject to an investigation and harassment, since fighting and winning in federal court violates the Cheney Law. Plus,  this is defense attorney  Marc Seitles second win against the same prosecution team in six months, and that means he's subject to enhanced penalties. 

19 comments:

Anonymous said...

Congrats to David Markus & Co. for a job well done. Although I believe the case should never have been filed in the first place, he and his cohorts had a tough defense and obviously did a fine job.

As for Bernie Madoff--how much time will he actually get? Any sentence he receives will effectively be a life sentence, unless Judge Chin chooses to sentence him to 5-8 years or less (in which case I fully expect the judge to be tarred and feathered by a mob of angry victims). In the federal system, the length of sentence and time remaining in the sentence largely determines one's prison assignment and security classification. If Madoff ends up getting 30 or more years, as the prosecution intends to seek (and which he honestly deserves), he could end up in a penitentiary (USP), which are not very nice places even by prison standards.

Rumpole said...

Wrong David moron. But you knew that. And that's why your comment was not published.

Anonymous said...

this comment is ignorant and, sadly illustrative. thank goodness he is no longer a judge.

''I felt the defense had their share of experts. Due to budgetary concerns, I denied the defense motion because I thought having another expert would be duplicative,'' Young, who is now a TV judge, said in an interview.

Anonymous said...

I heard Marc Seitles beat that same prosecutor's ass 6 months before. Guess thats the federal system for you - you win then you get secretely taped. Go Markus and Seitles!

Anonymous said...

Experts? Experts? You don't need no stinkin' experts!

Anonymous said...

David Markus is a hero to all this is right with the justice system. A honest hard working man who seeks only a fair playing field in his pursuit of justice for his clients.

Dear, Mr. President Obama, I support, David Markus for United States Attorney SD.

Jon Stewart get's Cramer of CNBC said...

Rumpole, a video not to miss.

http://www.thedailyshow.com/video/index.jhtml?videoId=220538&title=jim-cramer-pt.-2

Anonymous said...

I guess one good thing about being an ASA instead of an AUSA is that as an ASA you regularly get your ass handed to you by Miami Dade juries. So at least as an ASA you learn a little humility and how not to be a sore loser. On the other hand, most AUSA's are so used to having their way all the time that they act like little babies when they don't get their way.

Sad that the head AUSA didn't do the right thing and dismiss the case when he found out about this misconduct. Sadder that he hasn't announced any discipline against the culprits. He looks rudderless when the Judge has to discipline
the AUSA's instead of himself. But
then again he is off soon to another job right?

ScottAfrica

Audrey said...

Depos are a waste of money. I spent in excess of $5k for depos for a personal lawsuit that ended up being settled. Putting out that cash would have been and easier 'pill to swallow' if I believed the information obtained in the depos affected the financial outcome of the settlement.

I don't regret settling and not going to jury trial, because it would have been trying on my family and friends, but the defense did get a good deal. And the depos were just a waste of time and money.

Since this was my first legal experience, I am proud of the decision I made and how I handled it. But I can see how doing this one time, two times, three times vs. hundreds of times could offer different insights - the latter offering an insight to an opinion on depos that is much keener and based on countless experiences.

However, in my personal experience and opinion, I would have done a few things different.

One, not depose all defense experts before the final settlement conference (allowing the trial date to have to be pushed back if the final settlement was unattractive).

Two, negotiated the cost of my expert's time. I did ask for a relife on my experts last charge, and he waved the fee. He was probably thinking, "Its about time she asked for a break". I should have exercised our 'loyalty' to each other from the beginning.

There is a lot of money changing hands in a legal situation. I also experienced the dichotomy of knowing its truely just a business transaction but is too substantially personal and emotional.

A lawyer must be a business man, a shrink and an accountant to be really good. If your not strong in any of those areas, you are either an idiot, an asshole or disorganized....respectively.

No wonder you guys don't sleep and constantly chase tail. You seek an escape.

Anonymous said...

If I get another VICTORY!!!!! e-mail from the FACDL-listserv I will puke.

Do these guys hire a PR squad to spam me or are all of the responders just sucking up to the O.

Either way: BRRRRUMPHLEWWWWWWWWCHHH

Rump Is Da Man said...

Spotted the great man himself Rumpole having lunch w/the princess
in his office.

Anonymous said...

Congratulations to fellow defense attorneys Paul Donnelly and Terrence O'Sullivan for their Not Guilty's in front of Judge Jordan today on a conspiracy case. Way to go guys!!!!

Anonymous said...

To David Young: The word is "duplicitous", not "duplicative".

rumpy-likes-the-princess said...

11:16- The only kind of tale Rumpmeister wants is Colombian. C'mon Rumper what's new with your twittering latina?

rumpy-likes-the-princess said...

7:21, Correction-- "tail" and not tale. It's Saturday and I'm wasted.

Anonymous said...

Oh, and I thought you meant tale as in Rump is living in a fairy tale...telling a tall tale...not getting Columbian tail.

Rump Is Da Man said...

4:21, ColOmbian is spelled with a "O"
and not a "U"

From what I heard Rump is getting a little side action from the Colombian but he's a gentleman to the core and doesn't like to brag.

docalex said...

My congrats also to Markus, Seitles and the defense team. See: Dr. Shaygan Acquitted of Drug Trafficking with links to "Prosecutors Accused of Misconduct," 3/3/09 Miami Herald, and to a PDF of Dr. Shaygan's Motion to Dismiss for Govt. Misconduct."

Good work! Thank you;

..alex...
War on Doctors/Pain Crisis blog

The real David Young said...

To Friday March 13th @ 3:24PM--get a dictionary my friend. I used the correct word. I accept your apology.