Judge: 2 Lawyers Vulnerable to Contempt for Referring to Material in Unsealed Documents

U.S. Eastern District Judge Brian M. Cogan yesterday released the bulk of the records being sought by the Associated Press in its quest for documents relating to Donald Trump’s business dealings with a real estate developer, who had mob connections and a hidden criminal record in his past.

But at a court hearing in Brooklyn yesterday, Cogan offered no quarter to the two lawyers before him, whom he has referred for a criminal contempt investigation. He repeatedly, and sharply, warned lawyers Fred Oberlander and Richard Lerner that they could face more contempt charges if they publicly reveal information about materials sealed by a host of gag orders issued in a criminal case involving the the real estate developer since 1998. That could be the case, he stressed, even if the previously sealed document has been unsealed.

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Cogan Ramps Up Pressure on Northern District

Eastern District Judge Brian M. Cogan has faulted the U.S. Attorney’s Office in Syracuse for offering pabulum rather than specific facts to defend the continued sealing of court documents being sought by the Associated Press.

Cogan, who sits in the Brooklyn-based Eastern District of New York, last week rejected the Northern District office’s letter submission and ordered it to submit a brief in support of its position that the documents should remain out of public view. Read Cogan’s order.

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With Trump in Picture, Judge’s Push for Contempt against 2 Lawyers May Falter

Eastern District Judge Brian M. Cogan issued a highly unusual order last week, attempting to jawbone the U.S. Justice Department to bring criminal contempt charges against two New York lawyers, whom I wrote about extensively in 2012 and 2013, Frederick M. Oberlander and Richard E. Lerner. View WiseLawNY stories dated Aug. 8, 2012 and Aug. 22, 2012.

The springboard that Cogan used to demand an end to the investigation against the two lawyers was a motion brought by the Associated Press to open a sealed file, containing information about a mob-connected criminal cooperator, Felix Sater, who has had business dealings with Republican presidential candidate Donald Trump. Read Cogan’s order.

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Public Advocate James, Fired Up, To Seek Meeting with Brooklyn Administrative Judge

Corrected and Revised*

New York City Public Advocate Letitia James cast a harsh spotlight on Justice Lawrence S. Knipel, the administrative judge in charge of civil cases in Brooklyn Supreme Court, at a meeting convened Friday, under the leadership of Brooklyn Congresswoman Yvette Clarke, to examine the impact of foreclosures upon communities of color.

During the course of the meeting at Brooklyn Law School, James rose on several occasions to express dismay over the way foreclosure cases are being handled in Brooklyn and angrily  vowed to seek a meeting with him.

About 70 public officials, homeowners’ lawyers and their clients attended the session. The session was presented in conjunction with the New York State Foreclosure Defense Bar.

The message from about a dozen lawyers and their clients, who were designated as presenters, was clear: the foreclosure crisis of the Great Recession is not over. To the contrary, the crisis is greater than ever because government-related entities, such as Fannie Mae, have been selling off huge amounts of troubled mortgages at bargain prices to investors, who, in Brooklyn, are pressing hard for foreclosures so they can take advantage of rising prices as gentrification in some of its poorer neighborhoods speeds ahead.

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Thanks to my readers

Yesterday’s story about judge’s resistance to NY Chief Judge’s Lippman’s bail reform plan was more than twice as high as previously recorded on any single day— more than 1100 page views.

I am glad you found it interesting enough to share with your friends and hope that I can continue to find topics of such interest to write about.

Thank you,

Dan Wise

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Anger Over Lippman’s Bail Reform Plan Sweeps Through NYC Criminal Judges

Judges, both present and former, in Manhattan, Queens and the Bronx report in interviews that a wide swath of their colleagues handling criminal cases are adamantly opposed to Chief Judge Jonathan Lippman’s bail reform plan.

The judges say there is a widespread sentiment within the criminal bench that the Lippman plan is not reflective of the realities they face in setting bail; will sow discord among judges handling criminal cases; was rolled out in a manner that was demeaning to judges and the quality of work they do; and is at odds with statutory requirements and ethical restraints designed to protect the judiciary from outside influences.  Continue reading

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Misguided Conservative Attack with Lynch Nomination a Cliffhanger

Conservative critics of Loretta Lynch have raised a bogus argument in an effort to derail her nomination for U.S. Attorney General as her nomination enters a critical and perilous stage.

In the past week Senate vote-counters are predicting that, even if the Senate votes on her confirmation, the result would be a 50-50 tie with Vice President Joe Biden casting the deciding vote. That leaves Lynch, who has been the U.S. Attorney based in Brooklyn since 2010 zero-room for defectors. Four of the senators currently in her column are Republicans, one of whom is Hatch (R-Utah), who sits on the Judiciary Committee.

On Tuesday Senator Dick Durbin (D-Ill.), who as minority whip is the Democrats chief vote counter, told the Huffington Post link that he is “worried” about the outcome of a vote on Lynch’s confirmation. But yesterday, Senator Lindsey Graham (R-S.C.) told the Huffington Post that he thinks “a couple” of Republican votes will be found to put Lynch over the top.

In the past two weeks, two prominent publications with a conservative editorial bent have launched a factually inaccurate attack claiming that Lynch mislead Hatch in responding to a written question he posed to her after her two-day hearing before the Judiciary Committee wrapped up on Jan. 29.

On Thursday, March 11, the New York Observer ran an article written by a former federal prosecutor under the headline “Breaking: Loretta Lynch Caught in Deceptive Disclaimer.” The Observer story was followed a week ago Tuesday, March 17, by an editorial in the Washington Times, which likewise accused Lynch of misleading Hatch. Continue reading

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Did Bank Complaints Result in Transfer of Foreclosure Referee?

I have come into possession of a copy of an internal e-mail from a court attorney to a top official at the Office of Court Administration that paints an unsettling picture of bank influence in the handling of foreclosure cases in Brooklyn. The e-mail was from Deborah Goldstein, a court attorney at the Supreme Court in Brooklyn, who for four years had been supervising conferences required by state law between banks and homeowners facing foreclosure.

In her-email, Goldstein asked Judge Lawrence K. Marks, the number two official in charge of court administration throughout New York, to stop an imminent plan to move her to a pool of lawyers whose job is to help judges draft opinions. In her e-mail, Goldstein advised Marks that Lawrence S. Knipel, the administrative judge in charge of civil cases at the Brooklyn court, was moving her out of her mini-courtroom after having received complaints “verbally made at a private meeting” with lawyers who represent banks at the settlement conferences, without providing her “any [of those] complaint(s) in writing or an opportunity to respond.”

Goldstein’s appeal was unavailing, and she was re-assigned to desk duties five days later on April 22, 2013.

I obtained a copy of Goldstein’s email to Marks from a confidential source, not Goldstein. When I advised Goldstein that I was in possession of the email, she asked me not to write about it and declined to be interviewed for this story.

Goldstein’s account of her removal finds support in a number of circumstances that surrounded her reassignment. Some of the most telling were: During his first four months as administrative judge, Knipel unilaterally revised the rules for handling the settlement conferences to the dismay of many judges who were actually in charge of the cases. The revised rules seemed aimed at Goldstein and designed to curb some of her practices that drew criticism from the bank bar. And homeowners’ lawyers, and even some judges, were unaware of the rule changes amid signs that bank lawyers knew about them in advance.

Additionally, during the last two years, 14 judges have agreed with Goldstein’s recommendations that the banks failed to negotiate in good faith—sometimes in highly critical opinions. Also, Goldstein’s findings served as the predicate for two important decisions issued by the appeals court in Brooklyn last year. Continue reading

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Courthouse Confidential: Tingling’s 1st Appointment was Suspended for Lapsed Registration

Also:

  • A likely Tingling Appointee Circulated a Set of Politically Incorrect Jokes
  • Court IG Opened Inquiry on Goodman; Reardon Put It to Rest
  • Heitler Bid to Extend Term as Administrative Judge doesn’t succeed; Top Contenders

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Courthouse Confidential: Tingling Makes 1st High-Level Appointment as County Clerk

Former Manhattan Justice Milton A. Tingling, who succeeded Norman Goodman as New York County Clerk on Jan. 1, has appointed as his counsel, Manuel Tavarez, who has been his law secretary since 2001. The appointment is confirmed by a change in the County Clerk’s Office public phone directory.

It is unclear what will happen to the number two position in the office, which was handled by James A. Rossetti for 28 years until his forced departure in December 2013. Rossetti, a lawyer, departed as a result of an OCA Inspector General’s investigation, which was opened after Tingling brought to the attention of top court officials racist and misogynistic postings in the County Clerk’s records room (see WiseLawNY story dated Mar. 6, 2014 for details).

For the last year of Goodman’s 45-year tenure, Rossetti’s position as chief deputy county clerk remained unfilled. Instead, Goodman’s counsel, Phyllis Mingione, who had been working half-time, was made a full-time employee and took over some of Rossetti’s responsibilities.

Sources are reporting that Tingling has settled upon Nelson Capote, who is currently in charge of the pro se staff office at the Manhattan Supreme Court, to fill one of the office’s top posts. Under Goodman, Rossetti was the top deputy county clerk, and under him were two deputies, one in charge of jury operations and the other in charge of all other office functions. Whichever position Capote is transferred to, he will remain at the same pay level, Grade 30. Capote, who has been with the court system since 1987, earned a total of $134,000 in 2013, according to the website SeeThroughNY.

While the ultimate parameters of Capote’s duties have not been publicly revealed, Tingling brought both Capote and Tavarez along with him to the annual luncheon sponsored by the Managing Attorneys and Court Clerks Association held earlier this week, according to a source.

Politically Incorrect Jokes

Both Tavarez and Capote bring some baggage with them to the County Clerk’s Office. Tavarez was suspended in November 2013 by the Appellate Division for failing to keep his attorney registration current for more than four years, according to court records. The suspension was lifted three months later after he paid $1,100 to bring his registration up to date. It is not clear whether he was required to certify that he had completed his continuing legal education credits during that period. Continue reading

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