In these times of FBI Infiltration of Mosques and the CIA's Destruction of Tapes of Interrogations, defense attorneys should be aware that they too may be targeted and their calls taped and/or emails read. As reported in the Miami Herald and the Sun Sentinel, the S.D. Fla U.S. Attorney's Office has admitted using confidential informant-witnesses to tape phone calls with prominent Miami federal defense attorneys David O. Markus and Marc Seitles, and then failed to disclose the tape recordings after their informants testified, in violation of the U.S. Attorney's own policies,the Jencks Act, and the Sixth Amendment. [Marc Seitles is a former Judge Karlton clerk and former AFD in Miami].
According to the Sun Sentinel,
In a motion filed Sunday, attorney David O. Markus claims federal prosecutors secretly taped phone calls between members of Shaygan's defense team and government witnesses based on trumped up allegations of witness tampering.
During the recorded conversations, the witnesses unsuccessfully tried to solicit bribes for favorable testimony, the motion alleges.
"I am not paying any money for anything," Markus replied, according to a transcript filed by the defense. "I just want to meet you, get to know you and hear the truth, that's all."
U.S. Attorney Alex Acosta said the recordings show no evidence of wrongdoing by the defense team and were made in violation of office policy. That policy requires all measures targeting lawyers to be approved by U.S. attorney.
Acosta said he had learned of the recordings after the fact and that the matter has been referred to the Justice Department's Office of Professional Responsibility for investigation.
Markus and fellow defense lawyers Marc Seitles and Robin Kaplan are not under investigation, Acosta said.
For all the shady details, you can Download Shaygan - Motion to Dismiss with Download Shaygan - Motion to Dismiss Exh. 1and Download Shaygan - Motion to Dismiss Exh. 2.