More From Eric Dixon at http://www.NYBusinessCounsel.com

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 EDixon@NYBusinessCounsel.com. 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!

Thursday, July 21, 2011

Hit and Run Attack on Lawyer's Reputation

Federal prosecutors in the Sky Capital trial Wednesday engaged in a questionable hit-and-run assault on the reputation of a lawyer who did some legal work for the now-defunct brokerage firm.

Assistant United States Attorney Katharine Goldstein declared in no uncertain terms during her closing argument that it was the "job" of this lawyer, whom she named at least three times, to "cover up the fraud."

This lawyer has not been indicted, nor charged civilly by the Securities and Exchange Commission, nor was he even referred to anonymously (or quasi-anonymously) in any court records I have seen in the Sky case.  Therefore, this lawyer's role has gone unexamined by any judge or jury.

None of this has stopped this federal prosecutor from declaring, without hesitation and without the qualifications of "I believe," or "he did this but he didn't know it was a fraud," that this lawyer was somehow complicit in what the government asserts is a major financial fraud.  Goldstein did not need to be this clear, this cavalier with someone's reputation, in order to make her arguments against Ross Mandell and Adam Harrington.  The clear implication is that the lawyer was criminally complicit.

The clear meaning, from Ms. Goldstein's remarks, is that the lawyer is either a crook or pretty darn close to one.  It was an obvious attack, a gratuitous one.

Most troubling is the end result: A lawyer gets smeared, yet lacks the opportunity to clear his name before a judge or jury.  The government's opinion -- stated without qualification as a fact to a jury -- has gone unchallenged, unexamined, and unanswered.  And because the lawyer has not been charged, he does not have standing under the Hyde Amendment to seek damages for a malicious prosecution.

When you attack someone when -- or perhaps because -- he is defenseless, you are being a bully.

Disclosure: In the interests of full disclosure, I must note that I was once in a somewhat similar, yet quite distinct, situation and repeatedly offered to answer any questions that investigators might have had.  However, I had one caveat: Any interview had to be video-recorded.  (I had no interest in trusting the accuracy or honesty of the notetaker, mindful of how Martha Stewart got convicted.)  The investigators' lack of interest thereafter suggested both that there was no legitimate question for me, and that I was possibly set up to be a victim of what is commonly known as a perjury trap.  In such a case, the subject starts the meeting innocent and ends it guilty, as anything that is said -- and that term is defined by the selective recollection of the notetaker -- can be manipulated in order to create a prosecutable "false statement."  Such an approach is completely contrary to the search for truth and the pursuit of justice which are supposed to be the highest organizational objectives of the Department of Justice, and its state and local counterparts.

UPDATE: The paragraph "Disclosure" has led to a more recent 2014 article titled, "When Chris Christie Threatened Me," available also on this blog. 

Eric Dixon is a New York lawyer, political strategist and management consultant.

  

No comments:

Post a Comment