drug dealing

Now THIS Is An Unethical Lawyer…In Fact An Unethical ETHICS Lawyer AND A Law Professor! [UPDATED]

/ Jack Marshall / 11 Comments

breaking-bad

[ My apologies: when this was first posted, I had inadvertently pasted in an excerpt from the Justice press release when I thought I had inserted a link to the complaint. The result was gibberish, and I apologize profusely. Thanks to reader Neil Dorr for alerting me. No more posts composed on my netbook while watching the O.J. miniseries, I promise.]

Today the Justice Department announced a criminal complaint  charging attorney Jack Vitayanon with conspiring to distribute 500 grams or more of methamphetamine. Incredibly, Vitayanon, who is under arrest, is an attorney with the Internal Revenue Service Office of Professional Responsibility in Washington, D.C. That’s the office that monitors IRS lawyers’ ethics. He’s also an adjunct professor at Georgetown University Law Center, where I got my law degree. I’m so proud.

Well, AMC needed a “Breaking Bad’ sequel.

The complaint says that Vitayanon conspired with others in Arizona and on Long Island to distribute methamphetamine for several years.He recently negotiated and competed the sales of distribution quantities of methamphetamine to undercover HSI special agents, and were recorded on internet-based video chats and text messages. Then the professor shipped the methamphetamine from his apartment in Washington D.C. to Long Island via Federal Express.

Vitayanon was also observed in his residence smoking methamphetamine from a glass pipe. A search of the defendant’s Washington D.C. apartment executed pursuant to a warrant led to the seizure of additional quantities of  methamphetamine, drug paraphernalia, packaging materials and drug ledgers.

In other words, they’ve got him dead to rights.

The defendant graduated from Dartmouth, got his law degree at Columbia, and received his Masters in Taxation from NYU. A lawyer cannot be admitted to any bar without a showing of reliable and honest character. The system and the profession could not have failed more miserably.

Vitayanon is the criminal, but the legal profession and the IRS allowed the rot to get into works.

____________________

Facts:Washington Post

 

Justice vs. Process: The Case Of The Final, Mandatory, Unjust Sentence

/ Jack Marshall / 18 Comments

African American in Prison

A full panel of the U.S. Court of Appeals for the 4th Circuit, fifteen judges in all, heard arguments this week  regarding whether they have the power to do anything about Raymond Surratt Jr.’s mandatory life sentence, which just about everybody—-the sentencing judge, Surratt’s defense lawyers and government prosecutors—agrees is unjust.

Until the Surratt case, no federal appellate court has faced the question of  whether a court it has a route to correcting a mistake of its own making when the error is as severe as a mandatory life sentence. The North Carolina father of two is incarcerated at a federal facility in Virginia for a 2005 cocaine conviction. If Surratt were sentenced today, he would face a mandatory minimum penalty of only ten years in prison. If he had been sentenced under current laws in 2005 rather than the laws then in effect, he would be out of jail by now.

Surratt pleaded guilty in 2005 to conspiring to distribute at least 50 grams of cocaine in western North Carolina. The judge said he had no choice under sentencing guidelines other than  to give him a mandatory life sentence because of Surratt’s earlier drug convictions. The judge called the penalty “undeserved and unjust.”

The conviction and sentence were upheld after Surratt’s  appeals. Now he has no appeals left. But in 2011, the 4th Circuit, which includes North Carolina, overruled past practice, meaning that it held that prior convictions as in Surratt’s case should not trigger a mandatory life term.

Now, I know that non-lawyers react to this by thinking, “So what’s the problem? Let him out!” That’s in line with the reaction they have when they hear about a defense lawyer who knows his mad-dog killer defendant is guilty of a heinous, bloody crime (“So tell the judge!”). However, the law can’t be changed on the fly, and the fact that a result may be obviously wrong doesn’t change the importance of addressing it within existing procedures, rules and laws. In this case, no more appeals means no more appeals.

The Surratt case involves the important judicial principle of finality. Prof. Steven H. Goldblatt, who runs Georgetown Law Center’s  appellate litigation clinic, told the court that finality is of vital importance to the legal system. Agreeing, a majority of the Fourth Circuit panel said last year that… Continue reading →

The Sad Saga of the Ex-Drug Dealing Law Student

/ Jack Marshall / 7 Comments

David Powers, a certified public accountant working at PricewaterhouseCoopers, standing third in his class at St. John’s University School of Law, was preparing to graduate this spring. Seeking to move from accounting to law (and who wouldn’t?), Powers was completely candid to the New York Appellate Court’s Character and Fitness Committee, disclosing an expunged 1999 conviction for drug possession on his record and the circumstances surrounding it.  He wanted to know if the conviction would be a hurdle to his acceptance for admission to the New York Bar. But when he asked St. John’s to send the Bar a letter of support, it not only refused but rescinded his admission, reports the New York Post.

Now Powers is suing, since St. John’s taught him well. Continue reading →

When the Police Lie to Convict the Guilty

/ Jack Marshall / 7 Comments

Gene Weingarten, the Washington Post columnist, wrote about his recent experience as a juror. It was a trial of a man accused of selling $10 of heroin to an undercover officer. Weingarten professed to be annoyed that such a small amount would justify an arrest and trial; he’s just wrong about that. Dealing a dangerous prohibited drug is still dealing, no matter what the amount. I know this is the kind of case that gets the legalize-drugs-so-we don’t-put-so-many-people-in-jail crowd all self-righteous, but “a smidgen of heroin dealing” still supports a destructive social problem, and law abiding citizens don’t deal even a little smack.

That’s not really the issue here, however.

Weingarten was convinced that the defendant was guilty beyond a reasonable doubt. He was also convinced that the police were lying. Continue reading →