More From Eric Dixon at

Support Independent Investigations With Bitcoin:
Send Bitcoin Here: 171GMeYRD7CaY6tkXs8dSTjLbAtFazxhVL

Top 50 Twitter Rank of Worldwide Startup Advisors For Much of 2014
. Go to my professional site for solutions to your legal, business and strategic problems. The only lawyer who is a co-inventor of multiple, allowed-for-grant patents on blockchain technology!!! Blockchain and Digital Currency Protocol Development --
Top Strategic Judgment -- When You Need A Fixer -- Explore Information Protection and Cryptographic Security -- MUST-WIN: JUST DON'T LOSE -- SURVIVE!: Under Investigation? Being Sued? Handling Extreme Stress -- Corporate Issues -- Startup Issues -- Investor Issues -- Contracts To Meet Your Needs -- Opposition Research -- Intellectual Property, Media and Reputation Issues -- Independent, top-notch legal, strategic and personal advice -- Extensive ghostwriting, speechwriting, book writing, issue research, press and crisis management services. Listed by American Bar Association's Law Bloggers (Blawgers). Contact European Union audiences: This site uses a third party site administrator which may use cookies but this site is intended for AMERICAN clients and prospective clients only!

Friday, October 8, 2010

Please Don't Coach The Witness

An interesting development this morning in the Anthony Suarez corruption trial in Newark federal court. (This is one of a series of corruption cases, part of the "Bid Rig" corruption investigations, starring felon-turned-government-witness Solomon Dwek.  After Dwek's testimony earlier this week that he committed "more than" 500 crimes and may have committed more than 1,000 crimes, perhaps his new code name will be the "Man of A Thousand Crimes.")
There are text messages for which the contents of said messages were apparently erased from an FBI server.  This leads to the possibility, one among many possibilities, to be fair, that a conscious decision was made to erase the texts because they contained exculpatory statements (so-called Brady evidence) that would help the defense establish the "reasonable doubt" which if found by jurors is supposed to lead to an acquittal.
It now appears that various FBI agents were going to give contradictory testimony.  One agent, now stationed in Afghanistan, testified via phone that the texts were erased because witness Dwek recorded the meetings.  (This raises a different question: who made the bright decision to entrust the credibility and sanctity of important evidence to a repeat felon?)  Suarez's lead defense counsel followed a federal prosecutor outside and witnessed the prosecutor informing another FBI witness and agent about one fact to which the first FBI agent-witness had testified on the phone.  The defense counsel, Michael Critchley, appropriately objected to what amounts to witness coaching, which is impermissible and, in this corner's opinion, not far from the crime of suborning perjury.
Whether this amounts to government misconduct, or just sloppiness, incompetence or arrogance, remains to be seen.  However, it is disappointing to see that when someone's freedom -- never mind his reputation -- are at stake, our government seems awfully cavalier about the collateral damage caused by its mistakes or misconduct. 
Eric Dixon is the president of Eric Dixon LLC, headquartered in New York City.  Mr. Dixon has been a New York lawyer since graduating in 1994 from Yale Law School.  Mr. Dixon handles litigation counseling and litigation stress management for those who are the subject of lawsuits, have been threatened or expect to be sued or investigated.  Mr. Dixon has extensive knowledge of corporate governance, the federal securities laws (including the many anti-fraud provisions and related issues) and election law, and significant experience in representing businesses and their owners and managers in litigation, government investigations, settlement negotiations, complex due diligence investigations and business formations.  Mr. Dixon has also represented over two dozen political campaign committees and candidates for public office, including presidential and gubernatorial campaigns, on ballot access issues.  Mr. Dixon may be reached for a confidential consultation and case assessment at 917-696-2442 or via e-mail at

No comments:

Post a Comment