Friday, January 31, 2014

Multi- state bar admissions: You can't fool the bar

Here's an interesting report on a case of a lawyer moving from one state to another in pursuit of bar admission but failing to make required disclosures in both jurisdictions.

From the state bar of Michigan blog. 

Thursday, January 30, 2014

Legal advice for lawyers: If you win a massive fee, don't put it in an illegal tax shelter

This all started when a big tobacco company was sued through the office of Nix, Patterson and Roach. In 1998, the attorneys won $600 million in attorneys’ fees, to be paid over a period of time, as well as $68 million in connection with tobacco litigation in other states.
With this money in hand, the partners sought ways to shelter themselves from tax liability, and formed a partnership, NPR Investments, to invest in foreign currency.  . . .

The 5th Circuit found Thursday that the partnership and partners must pay penalties for underpaying the Internal Revenue Service through this investment scheme.
Pursuant to the Supreme Court’s recent decision in U.S. v. Woods, NPR is subject to a 40 percent gross valuation misstatement penalty.


Article here (via Above the Law).

Wednesday, January 29, 2014

Man who gave gun in Dantzler shooting seeks forgiveness in court

In 2011, Roderic Dantzler killed seven people in Grand Rapids, including his estranged wife and their daughter. He also killed himself. But he was given the gun by Michael Allen. It was illegal for Allen to supply a gun to Dantzler because Dantzler was an ex-convict who couldn't have weapons. Allen is now being tried in federal court for the crime. The government says Allen has his own record of assault and drug crimes. He's asking for a "fair" sentence. The maximum penalty is 10 years in prison.

Article here. 

What do law students think of law school?

Via Wall Street Journal's law blog. 

In 2013 nearly two-thirds of students (65%) reported that their schools place “a substantial emphasis” on giving them the support they need to succeed academically, and 68% said they were satisfied with the financial aid advising they received.
  ( . . . )
But students seemed less happy with job search services and career counseling, which were rated unsatisfactory by 43% and 42% of respondents, respectively—not terribly surprising, given the challenging legal job market.

Article here.

Tuesday, January 28, 2014

Man appeals 22-50 year sentence, gets 3 years off sentence

A man who robbed a local McDonald's restaurant and was later convicted, appealed his sentence and was successful in shaving 3 years off his 22-50 year sentence.

article here.

According to court records, the pair entered the restaurant with guns drawn and ordered all but one employee to stay on the ground. The robbers gathered up about $3,200 in cash and numerous booklets of gift certificates. Within a week, Woods was arrested. Police say he was holding white gloves, like those used in the robbery, and about $1,400 in cash – mostly $1 and $5 bills. At Woods’ apartment, a search turns up McDonald’s gift certificates, police said.

Have a felony conviction? Running for office? New bill would force disclosure.

 Felony convictions will have to be disclosed, but only if they occurred in the last 10 years.

A candidate for office would have to reveal any felony convictions in the previous 10 years under a bill that unanimously passed the House Elections and Ethics committee Tuesday.

Article here. 


As a side note, people applying to the state Bar of Michigan must disclose this as well, including misdemeanor convictions, regardless of how old the convictions are. It's part of the character & fitness portion of the state bar application. So that means there's more transparency for becoming a lawyer than for being an elected official.

Monday, January 27, 2014

Michigan Innocence Project success story

Fire arson suspect exonerated after serving four years in prison 

 Four years behind bars is a long time, especially for someone who later is proven innocent of the crimes he was accused of committing.
Victor Caminata, 39, was officially exonerated Wednesday more than four years after he had been convicted of burning down the house he shared with his former girlfriend and sentenced to nine to 40 years in prison.

Article here. 

via State Bar of Michigan blog.