Why You Plead

Curious, I looked in the dictionary for the definition of a plea.  If it’s unrelated to “law” it is, “a request made in an urgent and emotional manner”. If the definition of “plea” is related to law, a...

Judge’s Plea

I am a common-sense kind of person so I am trying to understand what the plea deal was intended to be, if it is working or if something else could work better. My understanding is that a plea deal is necessary because the court system could never handle all the cases...

Pleading out or ….not

After you are charged, the plea deals come pretty quickly.  It’s the way we do justice in the US. It is estimated that 98% of cases charged end in a plea deal, so it is expected that you will plead. You will plead. It is a dance between your criminal...

Motion to Dismiss – Denied Again

We submitted our second Motion to Dismiss due to a Government witness lying to the Grand Jury. DENIED. The reason we were denied was that it was so difficult to separate the lies from the rest of the testimony and one person’s testimony from others. I was told...

Naivety and the Grand Jury

I was so terribly green at what the whole criminal justice system was, but not afraid to ask most questions that popped up in my head as they occurred.  The Grand Jury sounded almost “royal” to me, untouchable and all-knowing.  As I dug deeper...

What do you do with a Liar?

Years ago I was charged with a crime I didn’t commit. We found out the original business records were mysteriously “destroyed”. We filed a Motion to Dismiss. That Motion was denied and now we filed another Motion to Dismiss because my former fund...

My First Letter From an Inmate

Usually you will find me writing each week for the last few months about the criminal case that I endured many years ago. Today, I am writing because I reached out to an inmate a couple of weeks ago and he wrote me back. I shouldn’t be surprised that he wrote me...

Another Motion to Dismiss

We barely found out that the Motion to Dismiss due to the destruction of documents was denied when we learned that my former Fund III colleague and one of the Government’s cooperating witnesses that testified to the Grand Jury was charged with perjury.  It was...

Motion to Dismiss DENIED

I was baffled why the Motion to Dismiss was denied.  It was all so clear to me. The original business records were vital to the integrity of the case. I struggled.  DENIED.  DENIED. DENIED.  The truth was denied. Assuming that we were going to...

Motion to Dismiss Filed

I thought the Fund III records would be the central focus for my defense because the volume and thoroughness of the information that each investor had to commit to in order to be part of the Fund were substantial. The Receipt of the Offering Circular, Investor...