Tuesday, July 17, 2007

Billionaire Cleared to Sue Judge

Billionaire Gets Greenlight to Sue Judge, Lawyer

July 17, 2007
By Mike McKee

The Recorder

Self-made billionaire Thomas Siebel got the green light Monday to proceed with a malicious prosecution suit against a San Mateo County, Calif., judge and a former San Francisco Bay Area lawyer.

The California Supreme Court all but opened the courthouse door for the former Silicon Valley executive by unanimously ruling that a settlement in an underlying fraud suit constituted a favorable judgment that allows Siebel to sue the attorneys who brought the case.

The high court also dismissed arguments by Siebel's opponents, Judge Carol Mittlesteadt and E. Rick Buell II, that the ruling would discourage settlements, increase malicious prosecution actions and disrupt the attorney-client relationship.

Siebel, founder of Siebel Systems Inc., sued Mittlesteadt, then a lawyer but now a judge in San Mateo, and Buell, whom the State Bar lists as a Florida resident, for malicious prosecution after Siebel's company paid to settle a fraud suit with their client, Debra Christoffers, in 1999.

Christoffers, a one-time sales director at Siebel Systems Inc., had sued Siebel -- who made this year's list of billionaires in Forbes -- claiming she had been unfairly fired, subjected to gender discrimination and defrauded out of major commissions and stock options. Only the fraud claims went to trial.

Christoffers won a jury verdict of about $234,000, but only against the company, not Siebel himself. Various issues were appealed by both sides, with a subsequent settlement agreement requiring Siebel Systems to give Christoffers $352,000 as long as she paid Thomas Siebel's $52,000 in costs.

However, the agreement -- pulled together by a third lawyer retained by Christoffers -- specifically stated it would not prevent Siebel from going after Mittlesteadt and Buell for malicious prosecution. It did prevent Christoffers from assisting her ex-lawyers during subsequent litigation.

The question before the Supreme Court was whether the settlement agreement represented a favorable termination of the underlying fraud suit for Siebel. Under California law, a malicious prosecution suit cannot stand unless the person who filed it proves the underlying case was terminated in his or her favor.

Mittlesteadt and Buell had argued that the settlement agreement created an ambiguity about the merits of the fraud suit. They claimed Siebel settled, he didn't win.

The Supreme Court didn't agree.

Neither Mittlesteadt nor her appellate lawyer, Tony Tanke of Davis, Calif., returned calls seeking comment. Buell couldn't be reached for comment and he didn't respond to an e-mail. Robin Meadow, the partner at Los Angeles' Greines, Martin, Stein & Richland who represented Siebel, said he couldn't comment without his client's permission.

Monday, March 19, 2007

Judge Says FBI acted with Callous Disregard

U.S. Dist. Judge determines the Reno FBI and U.S. Attorneys Office acted with callous disregard of Mr. Montgomery’s Fourth Amendment rights, as the earlier order from Judge Cooke on November 28, 2006, was affirmed on March 19, 2007.

Ruling in Trepp case raises questions about Gibbons' role

The story unfolds, below.

How Deep Does Political Corruption Run?

Although most of the case was sealed...it's looking as if Pandora's Box will open any minute - affording the general public a breathtaking display of the lengths the FBI will go to protect its perceived political interests rather than protecting Amercians from attack - although the below lack of experience by the FBI agent, is enough to give anyone the willies.

However, what's Always true is:

A good government is a transparent government.

Sunday, March 18, 2007

FBI After Public Officials Not Paying 'Electric Bill. Wow! Big Crimes.

In the "Why write Fiction" department - the FBI is investigating a Memphis City Councilmember who didn't pay his bills.

Sunday, 03/18/07
Memphis councilman may have violated open government law
ASSOCIATED PRESS

MEMPHIS, Tenn. (AP) -- A councilman at the center of an FBI investigation may have violated the state's open government law when he talked privately to council members about supporting the man who would eventually become president of the city's utility.

Lawyers hired by the City Council have been trying to interview the president and CEO of Memphis Light, Gas and Water Division, Joseph Lee, as part of an independent probe into the utility accounts of Councilman Edmund Ford. The lawyers are scheduled to present their findings on Tuesday.

The FBI is investigating why the utility protected Ford's business and residential utility services from disconnection even though he owed more than $16,000.

Records show Lee aided in that by telling his staff to keep Ford's utilities on.

According to a councilman and other records recently obtained by The Commercial Appeal, Ford played a pivotal role in getting Lee his position and may have violated the law in doing so.

In the days leading up to a 2004 City Council vote on whether Lee should head the utility, Council Chairman Tom Marshall said Ford lined up votes behind the scenes to ensure Lee got the job.

Marshall said Ford privately lobbied council members, claiming Lee's appointment would end "the racial gridlock we were in."

Tennessee's Open Meetings Act prohibits deliberation of public business in closed meetings or electronic communication.

In 1990, the Tennessee Court of Appeals ruled that Shelby County commissioners violated the law when they discussed privately with each other, including in phone conversations, which candidate they would like to fill a board vacancy.

"He did ask me to consider voting for Lee," Marshall said. "He said that as far as he was concerned, it was becoming a very racial issue and we did not need that at the time."

The council eventually voted 7-5 to appoint Lee.

Ford served as chairman of the City Council's General Services & Utilities Committee, which oversees the city-owned utility, until December when he was removed from the post after his arrest on federal bribery charges.

The utility's systems were also set up to notify top utility employees if more than a dozen other Memphis politicos, including Mayor Willie Herenton and some City Council members, faced service cutoff due to unpaid bills.

In a letter to the council last week, Lee's lawyer, Robert Spence said Lee denies ever receiving monetary benefits or items of value from Ford or council members.

Spence also said Lee won't be cooperating in the council's independent investigation because he has already testified before a federal grand jury investigating the utility.

Friday, March 16, 2007

FBI is Not Interested in Crime.

Slight Problem with Law Enforcement. Try to find some.

In an update to the story of lying CHP officers, The Public on the Hook for 2 Million Dollars

the FBI did get back to Steve Grassilli's attorney.
We Are Truly Not Interested.

Yes, the FBI is Not going to investigate the case. Neither is the District Attorney's office, where Bill Gore, former head of the FBI's San Diego branch, now collects a pay check. (See earlier posts.)

So the secret's out. Crooks welcome in San Diego. (As if the Pension scandal didn't convince you). Come on down.

San Diegans? Raise your hand whose surprised.

(Scanning the terrain..)

Hey look Ma, no hands.

NY Lawyers San Ethics - San Diego Wants You!

Partner Admits Ethics Violations While Prosecutor

New York Lawyer
March 16, 2007

By Brendan Smith
Legal Times

Faced with overwhelming evidence of his misconduct in a witness-payment scandal, former federal prosecutor G. Paul Howes has admitted to violations of six ethics rules.

Responding to charges filed last month by D.C. Bar Counsel, Howes admits he made a false statement to a tribunal, intentionally failed to disclose required discovery to the defense, and engaged in conduct involving “dishonesty or misrepresentation” and conduct that “seriously interfered with the administration of justice.”

In a stipulation with Bar Counsel released last week, Howes, who served as an assistant U.S. attorney in the District in the 1990s, denies that he committed criminal acts or offered unlawful inducements to witnesses.

Both Bar Counsel and a 1998 Justice Department probe found that Howes disbursed more than $140,000 in federal witness vouchers to 132 people during the Newton Street gang trial and another murder trial, making improper payments to witnesses, friends and relatives of witnesses, and former police officers.

Howes is scheduled for an April 11 hearing before the Board on Professional Responsibility, which could recommend sanctions including disbarment. Howes, now a partner in the San Diego office of Lerach Coughlin Stoia Geller Rudman & Robbins, and his defense attorney, Plato Cacheris, would not comment last week on his case. But Howes’ response to the charges states that the U.S. Attorney’s Office did not have a clear policy on witness-voucher payments at the time and that he “was continually in trial for approximately 18 months with minimal support, assistance, or supervision.”

Cacheris, who has represented Monica Lewinsky and FBI turncoat Robert Hanssen, is leading a high-profile defense team, including John Hundley and Barry Coburn from his firm, Trout Cacheris, and Steven Tabackman from Tighe Patton Armstrong Teasdale, who also used to be a federal prosecutor in the District.

Thursday, March 15, 2007

Does the FBI Support Full On Judicial Corruption?

Interesting that the attorneys currently going gang-busters in the Nevada's Governor Jim Gibbons' corruption case, ran into a brick wall in San Diego.

(Raise your hand whose surprised.)

When they wondered why Judith McConnell routed all of the ball park cases to herself, San Diego FBI agents said they hadn't gotten the Green light in DC to open a formal investigation.

Huh?

That's core politics, not investigative work. Since when must a local office ask permission before investigating corruption? If that's true what's next?

Unfortunately, next is generally more corruption at an expanded level.

Consider the pattern within the District Attorney's Office, which may explain the too cozy relationship with the DA behind the FBI's systematic slacking.

Consider: Bill Gore who didn't investigate judges when he headed up the FBI, is now working with the District Attorney's Office.

Consider: District Attorney's Office now houses Casey Gwinn and who can explain why the FBI isn't investigating Gwinn particularly after San Diego's $20,000,000.00 Kroll report described San Diego's "Culture of Corruption" during a time GWINN was City Attorney.

Since our tax dollars are paying for this, shouldn't the public demand accountability? Or a refund? Otherwise history will simply continue repeating itself, with agents who should be fired, drawing paychecks instead, and as history demonstrates; the crooks in the District Attorney's Office have operated at the highest level.


Former deputy DA enters guilty plea

Longanbach could face jail for running private business on county's time

By J. Harry Jones
STAFF WRITER

November 10, 2001

The former head of the district attorney's economic fraud unit pleaded guilty yesterday to a felony charge of grand theft for using county employees and equipment for his personal business.

Peter J. Longanbach, 56, could face up to three years in prison and the loss of his license to practice law. A sentencing hearing is scheduled for Jan. 18. [Update - Longanbach easily avoided jail. With a nod to Justice San Diego Style; Longanbach was fined and sentenced to teaching poor kids how to play golf.]

Longanbach admitted he operated his real estate business on county time out of the district attorney's downtown offices.

"I used San Diego district attorney staff to prepare personal documents," he wrote in his guilty plea form. "I used San Diego District Attorney's Office fax, copy machine and telephone equipment for personal purposes, and I worked on private matters during district attorney office hours."

In a plea bargain with the state Attorney General's Office, Longanbach and state prosecutors agreed to give San Diego Superior Court Judge Kenneth So wide latitude in deciding Longanbach's punishment.

Although Longanbach pleaded guilty to a felony, his attorney, Pat Swan, will be allowed to ask So to reduce the charge to a misdemeanor, which could allow him to continue practicing law. The attorney general will argue against a reduction.

While Longanbach technically could be sentenced to as much as three years in prison, Deputy Attorney General Adrianne Denault told So the state will seek no more than one year in local jail.

Longanbach also agreed to pay San Diego County $25,000 in restitution for the money stolen by his use of the secretaries and equipment.

Outside of court, Swan said the restitution is far more money than he thinks Longanbach, a Rancho Santa Fe resident, should have to pay, but said it was agreed to in order to dispose of the case.

Longanbach retired in March 2000 from his position as one of District Attorney Paul Pfingst's department chiefs after state investigators searched his house and the District Attorney's Office for evidence.

The allegations were initially raised within the District Attorney's Office by secretaries, legal assistants and prosecutors who worked under Longanbach and complained to their superiors.

Pfingst said he reprimanded Longanbach but was unaware he continued misusing staff and equipment. Pfingst's discipline in the case has been cited by many of his critics in what has become a sharply divided office.

Earlier this week the San Diego Deputy District Attorneys Association returned a vote of no-confidence in Pfingst's leadership. Two-thirds of the prosecutors who voted cast ballots against Pfingst.

A special grand jury indicted Longanbach in February on 12 felony charges following a 17-month investigation by the state.

Thirty-four witnesses testified before the grand jury, most of them fellow employees and prosecutors who worked with Longanbach.

Had he been convicted at trial of all counts, Longanbach could have faced eight years in prison.

The indictment was dismissed yesterday as part of the plea. Instead, the new grand theft charge was filed and admitted by Longanbach, who has been free without bail.

"This whole process has been extremely expensive and wearing on his family," Swan said, explaining why Longanbach agreed to the deal.

Longanbach left the courthouse without commenting.

Pfingst, through his spokeswoman Liz Pursell, said it was inappropriate to comment on the plea.

"This case has not been concluded," Pursell said. "We still have a sentencing in January."

Copyright 2001 Union-Tribune Publishing Co.

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LEN DAVEY - The FBI marries the Peter Principle.

March 15, 2007

The Peter Principle lives.

Peter Lance's "Triple Cross" aside, the Peter Principle lives, coursing through the veins of purported agent supervisor Len Davey. With the agents we spoke with, it seems to be a departmental affliction.

For newer readers, the San Diego branch of the FBI has significant problems.

An absence of professionalism coupled with an attitude most often seen in surfers who don't actually want a job - Service is not the watch-word in San Diego.

As such, San Diegans would do well to erase any visuals of hard-working crime fighting agents. With San Diego's long history of judges being convicted of bribery, we suspect there would be more if agents possessed some kind of work ethic. But this is not the case.

Neither should San Diegans picture lazy agents, avoiding work. No, a more accurate picture is it's much darker than that.

Picture a bureaucracy of agents who refuse to get out of their chairs.

Picture a bureaucracy of agents who refuse to identify themselves.

Picture a bureaucracy of agents who under no circumstances will be accountable in any manner.

Sometimes it really is just that simple.

Alleged supervisor LEN DAVEY refused on four separate occasions to identify his supervisor. He was asked his supervisors name after saying,

"Well if you insist on giving us information, you can come down..."

Insist on giving them information? We have to do their jobs too?

That seems so bizarre, we decided to record the call. When informed we were going to record the call, our G-MAN bravely hung up.

In one of several call backs, we next spoke to STEVE HARLEY Harley fancies himself a comedian. Short on material, Harley likewise refused to provide basic information. Information as to DAVEY's boss. Before hanging up HARLEY invited us to call "headquarters" adding in a sing song voice,

Have a nice day!

Then he hung up.

Another fine example of San Diego's professional G-MEN at work!

With management like this, San Diegans simply can't express surprise at the continuing level of public corruption, or any kind of future attack.

Sometimes it is just that simple.

Stay tuned.