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>Miami based criminal defense lawyer died 7/21/17
>Cause of death: "mystery illness"
>66 y.o.
>Prior to death, was in amazing health
>Avid cyclist, competed in 2 duathlons
>Mystery illness is still...a "mystery".
>Notable cases he has worked on:
>Kaley v. United States, U.S. Supreme Court Case No. 12-464 (March 2013). The United States Supreme Court accepted this case to review the question of whether criminal defendants who cannot use their assets to retain counsel of choice because of an asset freeze have the constitutional right to challenge the government's underlying charges during a pretrial hearing.
>United States v. Ignasiak, 667 F.3d 1217 (11th Cir. 2012). Reversing conviction, holding that the admission of autopsy reports and testimony about the reports, without live testimony from the experts who performed the autopsies, violated the Confrontation Clause; also holding that the sealing of impeachment material concerning another expert was improper under First Amendment standards.
>United States v. Kaley, 579 F.3d 1246 (11th Cir. 2009). Reversing district court for entering a post-indictment protective order which barred the defendants from using their assets to retain counsel-of-choice and remanding for an additional hearing.
>United States v. Ochoa, 428 F.3d 1015 (11th Cir. 2005). Holding that the district court's policy of "super-sealing" court records on a secret docket violated the First Amendment.
>State v. John Goodman, Florida 4th DCA Case No. 4D12-1930 (2013). In a case full of motions and mayhem, juror misconduct, and appeals, a new trial was ultimately granted.
>United States v. Marshall King, 11th Circuit Court of Appeals (6/2/17). U.S. District Court. The government appealed the non-custodial, probationary sentence of a 71-year-old real estate lawyer convicted of three counts of bank fraud. This is one of the few non-custodial sentences (100 percent variance) affirmed by the 11th Circuit when challenged by the government.
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RICHARD STRAFER
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>>135432621
>RICHARD STRAFER
>RICHARD STRAFER
>RICHARD STRAFER
Can't believe I forgot to put dude's name in post. Oh well.
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Welp. I guess this is the connection-
He apparently had some sort of connection to something about money laundering, election fraud, big politicians and drug trafficking:
"The Justice Department has indicted one of Miami's leading, most well-respected, ethical lawyers, Ben Kuehne, on charges of money laundering.
Ben Kuehne, a widely respected Miami lawyer whose clients have included former Vice President Al Gore and other major politicians, surrendered Thursday on federal criminal charges for his behind-the-scenes role in a complex international drug-trafficking case.
An indictment, unsealed at his morning court appearance, charges Kuehne in a money-laundering conspiracy with approving tainted legal payments by an accused Colombian drug kingpin to his defense attorney in Miami.
The Indictment is here (pdf). What jumped out at me was Paragraph 15, alleging a substantial amount of the funds that were the subject of Ben's opinion letters to Ochoa's lawyers came not from the clean business of an Ochoa relative as set forth in Ben's letter, but from five undercover law enforcement operations the Government had in place in New
Were they setting him up? Did they do such a good job of disguising their undercover operation that no one could have detected it wasn't a legitimate business? [Note, this is speculation on my part, I know nothing about the case other than what the Indictment says. It may not have been a undercover operation posing as a legitimate front business.]
Ochoa's lawyers for whom Ben prepared the opinion letters on the legitimacy of the legal fees, stand by Ben. From the first linked article above:
[Roy] Black's law firm -- which headed the Ochoa representation and was assisted by three other prominent lawyers, Martin G. Weinberg, G. Richard Strafer and Lawrence J. Kerr -- issued a joint statement. It said Ochoa's legal fees were legitimate and Kuehne's research into the source of those payments was exhaustive.
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>>135434122
http://www.talkleft.com/story/2008/2/8/0492/94117/crimenews/Justice-Department-Indicts-Respected-Miami-Lawyer
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Interesting- Strafer was part of Kuehne's legal team-
It has been argued that 1) the indictment is conclusory; and 2) the only possible reason why the funds might have been tainted, is that the funds were actually from some sting operation run by the FBI.. (I think I am getting this straight, I have not been following this issue)
The DOJ indicted him. I say “DOJ” because all the signatures are from “Main Justice” and they claim that everyone in Florida had a conflict. White Collar Crim Prof Blog has been covering this and speculates that the “real” conflict is that Kuehne was Al Gore’s lawyer, and Kuehne “If the government knows the source of the funds is improper because of their ‘undercover operation’ would it not be logical that the defense attorney could not know the source of these funds - after all it would mean that the government undercover operation was not working effectively.”
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>>135434981
http://appellate.typepad.com/appellate/2008/02/indicted-for-an.html
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no shitposting now, bump for potential interest
digits should support
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>>135439212
Don't know what to tell you.
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