Eastern District of California Blog

The Full Monty! SDFL Court Orders Sanctions Including $601,795.88 in Attorney Fees and Costs Against Miami US Attorney's Office In Shaygan Case

I've previously reported on the S.D. Florida Shaygan case, which resulted in not guilty verdicts on all 141 counts after a trial at which defense attorneys learned the U.S. Attorney's office had authorized witnesses to tape their conversations with defense attorneys during the defense's pretrial investigation of the case.  After the trial, U.S. District Judge Alan S. Gold held a 2-day hearing on a motion for sanctions under the Hyde Amendment, after which the government admitted misconduct and agreed to (limited) attorney fees as a sanction.  Download Shaygan - Govt Response Misconduct.  Shaygan's attorneys, including former Judge Karlton clerk Marc Seitles, filed an excellent response calling for much more extreme sanctions.  Download Shaygan - Reply

Today, Judge Gold awarded the Full Monty!  Download Shaygan - Order on Defendant's motion for Hyde Amendment Sanctions:  $601,795.88 in attorney fees and costs, an injunction against the SDFLU.S. Attorney's Office against "future witness tampering investigation of defense lawyers," a public reprimand against the US Attorney's office and individual prosecutors, and a referral to the appropriate State Bar's disciplinary board for possible sanctions.  Oh, and in case he forgot something, the judge reserved the right "to impose any further sanctions and/or disciplinary measures against AUSAs Cronin and Hoffman after reviewing the results of the Department of Justice's Investigation."  Congratulations to SDFL attorneys David Markus, Marc Seitles, and the whole gang!

SDFL U.S. Attorney's Office Agrees to Pay Defense Attorneys' Fees Resulting From Prosecutors' Misconduct In Taping Defense Attorneys' Conversations In Shaygan Case

After admitting misconduct in having witnesses tape conversations of Miami defense attorneys in a hotly-contested prosecution, the U.S. Attorney's Office for the S.D. Florida has agreed to pay the defendant's attorney fees resulting from the government's misconduct.    Download Shaygan - Govt Response Misconduct.  And, not only did the government agree to Hyde Act sanctions, but the Government's response announces that lead prosecutor Sean Cronin transferred out of the criminal division and Karen Gilbert resigned as Chief of the Narcotics Section.   Congrats to former Judge Karlton clerk Marc Seitles and SDFL blog author David Markus, after the jury returned not guilty verdicts on all 141 counts for their client, even if the government still mispelled Marc's first name in its response.  --John 

SDFL Judge Holds 2-Day Hearing On Prosecutorial Misconduct

Following up on past posts, here's an update on the SDFL case where federal prosecutors used witnesses to record conversations with defense attorneys in a hotly-contested prosecution of a doctor for over-prescribing pain medications, see Miami Herald, 3/18/09.   Not only did former Judge Karlton clerk Marc Seitles and others gain acquittals on 141 counts, the judge's hearings on the government's attorneys' "flagrant violations" may require them to pay all the defense attorneys' fees and lead to other sanctions. 

A Good Day At The Office: 141 Not Guilty Verdicts for SDFL Attorneys

After blogging about the government's shenanigans and previously posting the defense's motion to dismiss for outrageous government misconduct, Gov't tapes defense attorneys, it's great to report that SDFL attorneys David Markus and Marc Seitles (a former LKK clerk) got acquittals on all 141 counts yesterday ending the prosecution of a doctor charged with over prescribing pain medication.  See 3/13/09 SDFL blog here with my favorite excerpt here:

“This verdict restored my faith in our justice system,” said David O. Markus, one of Shaygan’s attorneys. “It shows win-at-all costs takes a back seat to justice.”

Marc Seitles and Robin Kaplan also represented the doctor.

Seitles was hollering “not guilty” outside the courtroom after the verdict was read in front of U.S. District Court Judge Alan S. Gold.

U.S. Attorney Alex Acosta has said the secret taping of Markus and a defense investigator was wrong, and Cronin and Hoffman violated office policy. The matter has been referred to Justice Department’s Office of Professional Regulation for review.

 

Fed Prosecutors Tape Phone Calls of Prominent Miami Defense Attorneys, Including Former LKK Clerk

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.