Eastern District of California Blog

Loomis Pleads Guilty In Ponzi Scheme Case

Lawrence Leland “Lee” Loomis, who prosecutors say ran one of the biggest Ponzi schemes in the history of the region and conned investors in six states, pleaded guilty to a single count of wire fraud Friday in federal court in Sacramento in a deal that could send him to prison for 18 years.

The guilty plea before U.S. District Judge John A. Mendez came after years of investigation and just before the start of his trial, which was scheduled for Feb. 8.

Sac Bee, 1/29/16

EDCA Suit Over Harassment of Female Attorney at Sacramento Jails

Today's Sacramento Bee has a story on local attorney Sage Kaveny's lawsuit over being denied Sacramento jail access over accusations that she had disrobed in front of an inmate during an attorney-client visit.  Frankly, these accusations are ridiculous and would never have been made in similar circumstances if the attorney had been male.  (Full disclosure:  I know Sage as she was a former student of mine at the FD clinic).  Jail access is, of course, essential, to any criminal defense attorney.  Denying it threatens the attorney's career.  Sexual harassment or overzealousness?--either way the jail's actions should not be condoned.     

Inmate Suicide at Mule Creek Prison Prompts EDCA Lawsuit

Here is an excerpt from the Sac Bee story on Stewart Katz's recent lawsuit over a recent inmate suicide at Mule Creek State Prison:

“[Daniel Lee] Wright’s unfortunate death comes at the heels of a long line of documented institutional failures by California’s correctional system in its treatment of mentally ill inmates, including many suicides,” according to the complaint, filed Dec. 24 in U.S. District Court by Sacramento attorney Stewart Katz.

The suit, which seeks damages for alleged “deliberate indifference” to Wright’s medical needs, takes aim at the care provided at Mule Creek, a prison near Ione that came under harsh criticism this month in a new audit of suicide prevention practices at 18 state prisons.

Recent ABA Journal Article Covers EDCA Mortgage Fraud Case

The February 1, 2016 Issue of the ABA Journal has an article entitled, "Will those who led the financial system into crisis ever face charges?"  The piece highlights Prof. Bill Black's testimony during the 2014 EDCA mortgage fraud trial where all four defendants were acquitted.  (I represented one defendant). 

Rehearing En Banc Granted in Nettles v. Grounds

Yesterday, the Ninth Circuit granted en banc review in Nettles v. Grounds, No. 12-16935.  It will be my first en banc oral argument, now scheduled for March 22, 3:30 p.m, in San Francisco.  The issue involves whether federal judges have habeas jurisdiction over California prisoner actions challenging disciplinary violations that would affect the inmate's parole eligibility date, but that would not necessarily result in the inmate's earlier release from prison.  (The Ninth Circuit denied a judge's sua sponte en banc call with respect to the consolidated appellant, Matta Santos in No. 13-15050). Here's my Petition for Rehearing En Banc. [Updated 1/29/16]

Sac Bee: Feds Say Social Media Shows Iraqi Refugee's Terror Links

"Feds say Facebook posts show terror links of Iraqi refugee arrested in Sacramento,"  Sac Bee, 1/15/16

Local Bikers Sue Over Alleged Helmet Harassment

[Mark] Temple belongs to an unincorporated motorcyclist club called B.O.L.T., which stands for “Bikers Of Lesser Tolerance.” To its members, B.O.L.T. is a civil-rights group that views helmet laws as a violation of bikers’ First Amendment rights, but still complies with them—barely. To law enforcement, B.O.L.T. is an anarchic organization made up of “constitutionalists” (a code word usually associated with white anti-government types) that brazenly flouts motorcycle helmet requirements.

Temple and 11 other B.O.L.T. members have sued the CHP, Sacramento County Sheriff’s Department, Rancho Cordova Police Department and their respective municipalities in federal court. The plaintiffs and their attorneys are requesting restraining orders and an unspecified amount in monetary damages. The cops-slash-defendants want the lawsuit dismissed with prejudice.

The case is the most recent salvo in the ongoing feud between an outlaw biker culture that bristles at efforts to tame it, and an establishment that values safety over fashion.

“You’ve got the two extremes,” said James Hernandez, a Sacramento State criminal-justice professor who often testifies for defense attorneys as a gang expert. “Law enforcement is all about conforming. Bikers are about a total rejection of conformity. They give each other purpose.”

In their complaint, plaintiff attorneys allege that Rancho Cordova police improperly cited their 12 clients for wearing inadequate helmet protection while riding in and around the city. (Per an agreement, the sheriff’s department provides police services in Rancho Cordova.)

Sac News & Rev, 1/14/16

EDCA Court Rejects Challenge To Reopening Fulton Mall

A federal judge on Wednesday threw out a lawsuit challenging how federal funds were awarded in Fresno Mayor Ashley Swearengin’s plan to reopen the Fulton Mall to traffic, clearing one of the few remaining hurdles for the controversial downtown project.

In a 39-page decision, U.S. District Court Judge Kimberly J. Mueller in Sacramento denied a motion for summary judgment in a case brought by the Downtown Fresno Coalition and other plaintiffs, and granted a similar motion by the city. The decision essentially ends the federal lawsuit, though the plaintiffs stiff have the option of appealing to the Ninth U.S. Circuit Court of Appeals.

Fresno Bee, 1/13/16

Farmer Pleads to Misdemeanor Assault, Avoids Felony Trial

Four years after an armed confrontation with a federal agent, a prominent Linden-area farmer agreed to plead guilty Monday in a deal that allows him to escape prison time.

Andrew Watkins, 49, pleaded guilty to a misdemeanor charge of assault of a federal officer and will have to pay a fine of $10,000 to $25,000 and remain on federal probation for four years under the deal, which still faces approval by U.S. Magistrate Judge Edmund F. Brennan. Watkins also is prohibited from carrying a firearm outside his home while on probation, under terms of the agreement hammered out with federal prosecutors.

The plea deal allows Watkins to resolve the case without going to trial on a felony count that could have netted him up to 20 years in prison and a $250,000 fine.

Sac Bee, 1/4/16

 

 

Feds Arrest Suspect in Sacramento Involving Alleged Assistance to Islamic State Supporters

[Update2, 1/8]: Word is that the Sac Bee story below was incorrect about the secret hearing.  There was no sealed hearing having anything to do with the alleged terrorist case.

[Update 1/7, 6 p.m.]:  SF Gate says unsealed complaint now shows that defendant actually arrested for making false statement involving international terrorism.  

 

Original Sac Bee story below:

Federal agents have arrested a terror suspect in Sacramento, along with two others in Houston and Milwaukee in a case involving allegations that U.S. residents were in contact with and trying to provide assistance to Islamic State supporters, sources say.

No announcements were made regarding the arrests, but an unusual closed hearing was conducted Thursday afternoon in federal court in Sacramento with U.S. Magistrate Judge Edmund F. Brennan presiding behind closed doors.

No information regarding the hearing was posted on the court calendar or filed in publicly available court documents, and Sacramento FBI spokeswoman Gina Swankie said she could not discuss the matter.

Sacramento Bee, 1/7/16