Letter of Apology » Obstruction

FBI Raids Office, Home Of US Special Counsel

Dave Westheimer — Tue, 06 May 2008 21:49:50 +0000

FBI agents today executed search warrants at the Office of Special Counsel in Washington, shutting down the office’s email service and seizing computers and documents. Scott Bloch, who heads the Office, is apparently the target of the raid. Bloch’s suburban Virginia home was also raided.

The independent agency has the responsibility of enforcing protection of federal civil service employees from politicization. Bloch has been under investigation since 2005 in connection with employees’ claims that he retaliated against them after it was leaked that he refused to investigate whistleblower cases which claimed sexual orientation-based discrimination. He is also under investigation for obstruction of justice in connection with hiring of an outside contractor to scrub his computer in December 2006. At the same time, his office has been investigating the firings of eight US Attorneys and he has complained to AG Michael Mukasey that the DOJ is impeding his office’s investigation. WSJ, AP, NPR.

Scooter Libby Disbarred

Dave Westheimer — Fri, 21 Mar 2008 06:31:31 +0000

The US Court of Appeals for the District of Columbia Circuit on Thursday disbarred Scooter Libby from the practice of law in DC effective June 12, 2007, the date he filed an affidavit of voluntary compliance with the court’s rules on professional ethics for lawyers. The court wrote:

When a member of the Bar is convicted of an offense involving moral turpitude, disbarment is mandatory. When convictions on more than one count are involved, disbarment is mandated if any one of them involves moral turpitude. This court has held that obstruction of justice (18 U.S.C. § 1503) and perjury (18 U.S.C. § 1623) are crimes of moral turpitude per se. Since respondent was convicted of each of these offenses, as the Board concluded, disbarment is mandatory under D.C. Code § 11-2503 (a) [citations omitted].

Libby had not contested the recommendation of the Board of Professional Responsibility. The disbarment will last at least five years and should affect his standing in other states where he is licensed. The Washington Post story is here.

Breaking News: Melvyn Weiss Pleads Guilty

Solomon Wisenberg — Thu, 20 Mar 2008 18:58:47 +0000

That’s Melvyn Weiss, former name partner at Milberg Weiss, LLP, the securities class action powerhouse. WSJ.com has the story here. The WSJ.com Law Blog has more detailed info here. The LA Times reports here that Weiss’ lawyer says he is pleading to “limited participation in a criminal conspiracy.” The Indictment against Weiss alleged that he and former partners enaged in a scheme to pay illegal kickbacks to class-action plaintiffs.

Appeals Court Denies Conrad Black’s Bond Request

Dave Westheimer — Fri, 29 Feb 2008 07:45:20 +0000

A three-judge panel of the Seventh US Circuit Court of Appeals on Thursday denied Conrad Black’s request to remain free on bond during his appeal of his convictions. Black, former CEO and chairman of Hollinger Inc., was convicted last July on three counts of mail fraud and one count of obstruction of justice; he and three other defendants were accused of defrauding Hollinger and its shareholders of $60 million. He was sentenced in December to 78 months in prison. Thursday’s ruling means that barring further appeal, Black must report to prison by March 3, as previously ordered by US District Judge Amy St. Eve. Reuters has the story here.

Prosecutors Recommend Two Years For Lerach; Lazar Sentenced To Home Confinement

Dave Westheimer — Wed, 30 Jan 2008 05:58:34 +0000

In court documents filed late Monday in US District Court in Los Angeles, prosecutors recommended that former Milberg Weiss senior partner William Lerach serve two years in prison. Lerach pleaded guilty on October 29, 2007 to one count of conspiracy to obstruct justice in connection with the firm’s hidden payments to repeat plaintiffs in class action lawsuits. However, the the pre-sentencing report filed by the probation office recommended a sentence of 15 months. Lerach’s guilty plea called for a prison term of one to two years. Sentencing is scheduled for February 11, 2008 before US District Judge John Walter. On Tuesday, Judge Walter sentenced former Milberg client Seymour Lazar to six months home confinement. Lazar, an 80-year-old retired attorney who was the recipient of $2.6 million in secret payments from the firm, had pleaded guilty in October to obstruction of justice, subscribing to a false tax return and making a false declaration to the court. The Houston Chronicle has the Bloomberg News story here.