Today, Attorney General Michael B. Mukasey announced a new strategy in the fight against international organized crime that will address this growing threat to U.S. security and stability. The Law Enforcement Strategy to Combat International Organized Crime (the strategy) was developed following an October 2007 International Organized Crime Threat Assessment (IOC Threat Assessment) and will address the demand for a strategic, targeted, and concerted U.S. response to combat the identified threats. This strategy builds on the broad foundation the Administration has developed in recent years to enhance information sharing, and to secure U.S. borders and financial systems from a variety of transnational threats.
Today's announcement by the Attorney General was made during a forum hosted by the Center for Strategic and International Studies with Department of Justice Assistant Attorney General for the Criminal Division Alice S. Fisher, Federal Bureau of Investigation (FBI) Deputy Director John S. Pistole and Department of Homeland Security Assistant Secretary for Immigration and Customs Enforcement (ICE) Julie Myers.
International organized crime is defined as those self-perpetuating associations of individuals who operate internationally for the purpose of obtaining power, influence, monetary, and commercial gains, wholly or in part by illegal means, while protecting their activities through a pattern of corruption and violence. International organized criminals operate in hierarchies, clans, networks, and cells. The crimes they commit vary as widely as the organizational structures they employ.
The strategy establishes an investigation and prosecution framework as committed and connected as the international organized crime structure it must combat. U.S. federal law enforcement agencies, in an unprecedented cooperative effort on this issue, will share international organized crime information and intelligence, collectively identify and prioritize the most significant threats, and then put the full force of U.S. law enforcement’s expertise and resources toward mitigating those threats. In addition, U.S. law enforcement will increase cooperation with international partners to bring international criminals to justice, in the United States and abroad.
The strategy specifically reacts to the globalization of legal and illegal business; advances in technology, particularly the Internet; and the evolution of symbiotic relationships between criminals, public officials, and business leaders that have combined to create a new, less restrictive environment within which international organized criminals can operate. Without the necessity of a physical presence, U.S. law enforcement must combat international organized criminals that target the relative wealth of the people and institutions in the United States while remaining outside the country.
“As international organized criminals have adapted their tactics over time and embraced emerging technology, we too must adapt,” said Attorney General Michael B. Mukasey. “With this strategy, we're building a new, 21st century program that we believe will be nimble enough to fight the threat of international organized crime for years to come.”
“International organized criminals have broadened the scope and depth of their illegal activities, reaching into a variety of sectors to sustain their inherent quest for money and power. These modern-day criminals threaten our physical, economic and national security, indeed, in many circumstances without even setting foot inside U.S. borders,” said Assistant Attorney General Alice S. Fisher. “With this strategy, international organized criminals will be targeted and prosecuted in the same determined and concerted manner in which they pursue their illegal activities.”
Laid out in the strategy is a comprehensive and detailed plan that will enable the Department of Justice and nine federal law enforcement agencies to gather their collective resources to most effectively combat the threat of international organized crime. Ultimately, the strategy aims to create consensus among domestic law enforcement in identifying the most significant priority targets and then unified and concerted action among domestic and international law enforcement in significantly disrupting and dismantling those targets. This unprecedented coordination will include utilizing all available U.S. government programs and capabilities, including existing economic, consular, and other non-law enforcement means.
In addition, as a response to international organized criminals’ ability to operate unconstrained by national borders and geographic law enforcement jurisdictions, the strategy aims to ensure criminal laws and operating procedures reflect the modern realities and needs of international crime fighting. Similarly vital is the need to work in collaboration with public and private institutions that also face victimization by international organized criminals and therefore have been forced to act to minimize the impact on their businesses.
Prior to the strategy’s development, the Department of Justice and law enforcement partners conducted a comprehensive assessment of international organized crime.The IOC Threat Assessment lays out the threat international organized crime poses to U.S. national security, the stability of the U.S. economy, and the integrity of government institutions, infrastructure and systems in the United States. The assessment is based on the best available information known to the U.S. government through the combined efforts of the law enforcement, intelligence, and interagency communities.
Specifically, the IOC Threat Assessment identifies and defines eight strategic threats:
* International organized criminals have penetrated the energy market and other strategic sectors of the U.S. and world economy. As U.S. energy needs continue to grow, so too could the power of those who control energy resources.
* International organized criminals provide logistical and other support to terrorists, foreign intelligence services, and foreign governments, all with interests acutely adverse to those of U.S. national security.
* International organized criminals traffic in people and contraband goods, bringing people and products through U.S. borders to the detriment of border security, the U.S. economy, and the health and lives of those human beings exploited by human trafficking.
* International organized criminals exploit the U.S. and international financial system to move illegal profits and funds, including sending billions of dollars in illicit funds through the U.S. financial system annually. To continue this practice, they seek to corrupt financial service providers globally.
* International organized criminals use cyberspace to target U.S. victims and infrastructure, jeopardizing the security of personal information, the stability of business and government infrastructures, and the security and solvency of financial investment markets.
* International organized criminals are manipulating securities exchanges and engaging in sophisticated fraud schemes that rob U.S. investors, consumers, and government agencies of billions of dollars.
* International organized criminals have successfully corrupted public officials around the world, including in countries of vital strategic importance to the United States, and continue to seek ways to influence—legally or illegally—U.S. officials.
* International organized criminals use violence and the threat of violence as a basis of power.
“The activities of transnational and national organized criminal enterprises are increasing in scope and magnitude as these groups continue to strengthen their networking with each other to expand their operations,” said FBI Deputy Director John S. Pistole. “By increasing international cooperation and information sharing, together we can disrupt and dismantle these global, sophisticated organizations that have exploited geopolitical, economic, social, and technological changes over the last two decades to become increasingly active worldwide.”
“Partnerships among law enforcement agencies are our most effective weapon in combating international criminal networks,” said Julie L. Myers, Assistant Secretary of Homeland Security for ICE. “These criminal organizations pursue profit, without regard for national boundaries, international laws or human life.”
On April 7, 2008, the Organized Crime Council, chaired by Deputy Attorney General Mark R. Filip, recommended, and the Attorney General signed The Law Enforcement Strategy to Combat International Organized Crime. The Attorney General has been in charge of coordinating all federal law enforcement activity against organized crime since a 1968 executive order by President Lyndon Johnson established that authority.
Similarly, the Organized Crime Council has existed in various forms since 1970 and has always been charged with establishing priorities and formulating a national unified strategy to combat organized crime. This is the first time the Organized Crime Council has ever convened to focus on the threat from international organized crime and to develop a responsive strategy to that threat. The Organized Crime Council consists of the Deputy Attorney General, the Assistant Attorney General for the Criminal Division, the Chair of the Attorney General’s Advisory Committee and the leaders of nine participating federal law enforcement agencies, which include: Federal Bureau of Investigation; U.S. Drug Enforcement Agency; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Immigration and Customs Enforcement; U.S. Secret Service; Internal Revenue Service; U.S. Postal Inspection Service; Diplomatic Security; and U.S. Department of Labor’s Office of the Inspector General.
Wednesday, April 23, 2008
Monday, April 21, 2008
A History of Co-Existence Between The Government and Organized Crime
A government is the organization which is the governing authority of a political unit, also the ruling power in a political society, and the apparatus through which a governing body functions and exercises authority. Government have the authority to make laws, to arbitrate disputes, to issue administrative decisions, and a monopoly in authorizing force.
A State, depending on size can have local, regional and national government. There are many types of governments, such as: Monarchy, Despotism, Dictatorship, Oligarchy, Plutocracy, Democracy, Theocracy, and Anarchy. A Government depending on type can by headed by politicians, monarchs, dictators, group of people (families), wealthy class, and religious elite. History does not have the exact date of the formation of the first governments, though; it holds some records of formation of very first governments 3000 years ago.
Organized crime or criminal organizations are groups or operations run by controversial individuals most commonly for the purpose of generating a financial profit and social power (influence). Organized crime, however defined, is characterized by a few basic qualities including durability over time, diversified interests, hierarchical structure, capital accumulation, reinvestment, access to political protection and the use of violence to protect interests. The best known criminal organizations are: Cosa Nostra - commonly known as Mafia (the Italian or the Sicilian), the Russian Mafia, the Japanese Yakuza, the Chinese Triads, the Colombian and the Mexican drug cartel, the Chechen Mafia, and young Mara Salvatrucha, among others. History has it, that the first sign of organized crime was seen 3000 years ago.
It is important to make a distinction between organized crime (criminal organizations) and terrorist organizations, military organizations, resistance organizations, political and paramilitary organizations, such as: Al Qaeda, Hezbollah, IRA, and Irgun. In relation, we should not forget the Nuremberg Trials in Germany, famous for prosecution of leadership of Nazi Germany. The best known was the Trial of the Major War Criminals before the International Military Tribunal (IMT) in 1945. On this trial followed were indicted as criminal organizations:
the Nationalsozialismus Deutsche Arbeiterpartei (NSDP), the Nazi party - National Socialist German Workers Party.
the Schutzstaffel (SS), Protective Squadron – military organization.
the Sicherheitsdienst (SD), Security Service – intelligence service of SS and NSDP.
the Gestapo - secret state police.
the Sturmabteilung (SA), Storm Division – paramilitary organization.
the Oberkommando der Wehrmacht (OKW) - Supreme Command of the Armed Forces.
This concept of criminal organizations was, and still continues to be controversial, and it was not used in International Human Rights Law since then.
Throughout history there has been constant struggle, but also connection between governments and organized crime. In addition, many world famous political and military leaders have been accused of running their countries like criminal organizations, for instance: Joseph Stalin (Soviet Union), Adolf Hitler (Germany), Mao Zedong (the Peoples Republic of China), Nicolae Ceausescu (Romania), Idi Amin Dada (Uganda), Manuel Antonio Noriega Moreno (Panama), Augusto José Ramón Pinochet Ugarte (Chile), among others. For many top government politicians is believed to grow enormous wealth by running a kleptrocracy, a government that extends the personal wealth and political power of government officials and the ruling class at the expense of the population.
Few years ago an unofficial list has been released of the people for who is believed to be the most self-enriching political leaders, top of which are: Suharto (former President of Indonesia/$15-$35 billion USD), Ferdinand Emmanuel Edralín Marcos (former President of the Philippines/$5-$10 billion USD), Mobutu Sese Seko Nkuku Ngbendu wa Za Banga (former President of Zaire/$5 billion USD), among many others.
What makes governments and organized crime to be so connected?
Governments have Head of States, Leaders, military, laws, taxes, customs, punishments; governments control States and go into wars, among others. On the other side criminal organizations (organized crime) has bosses, dons, families, soldiers, gangs, codes and outs, a protection racket and extortion, punishments, they also control territories and small cities, and they also go into wars with other criminal organizations, among others.
Looking at these examples we can see that there is many similarities in structure of government and organized crime. Many governments have been involved in criminal activities trough politicians, such as: weapons sales, narcotics, international loans, confiscation of private property, and corruption. A socio-political phenomenon called "Political corruption" is visible in all forms of governments, and includes extortion, nepotism, bribery, cronyism, patronage, graft and embezzlement. Global corruption is estimated at one trillion US Dollars, which is equal to what organized crime makes per year around the world.
According to history, ancient civilizations like Summer, Indus Valley Civilization, Babylon, Maya Civilization, Yellow River, Ancient Egypt, Ancient Greece, and Ancient Rome had governments, military, Laws, and crimes. The Summer Civilization had the first ever written code of Law, and it was written by the ruler Urukagina who was best known for his reforms to combat corruption. Later King Ur-Nammu wrote "the Code of Ur-Nammu", which is oldest surviving code of Law in the world. His code of Law is considered remarkably advanced, and the capital crimes of murder, robbery, adultery and rape were punished with death.
Many people, some of them historians believe that organized crime emerged from piracy and banditry in 17th century or from some famous warriors and conquers earlier, however, if we look at this ancient Laws, we can see that organized crime and crime generally existed long before piracy and banditry period, even Julius Cesar was kidnapped and held prisoner in 75BC by Cilician pirates, he was later released when requested ransom was paid. Afterwards, Cesar raised fleet and captured the pirates, pirates was first imprisoned and later crucified on his authority.
Pertinent historical question: so, what was formed first and what did set up the model for other; a government or organized crime?
It is evident that crime and organized crime existed long before the formation of the first government. Governments implemented Laws because of the crime activities that were visible in their society, in relation to that; we can say that crime is older than the first Law and government. If tree of more individuals organize them self´s to commit a crime, that crime is characterized as organized crime.
It was very hard, for example, in Twenty-fourth Century BC to distinguish between what was right and what was wrong, however, people held something deep inside of themselves for centuries of human evolution, and that is the sense for righteousness on which civilisations were able to build their respective society.
Did governments learned from organized crime or did organized crime learned from governments?
They learned from each other, government´s establishers applied some of the main principles of criminal organizations structure for the greater cause. In fact, many Laws and Government bodies were made because of crime activities. Criminal organizations followed the evolution of governments and learned to be more effective in criminal activities.
Throughout history crime walked along governments, it was present in every known society, including dynasties, imperialism, colonialism, monarchism, communism, socialism, and modern democracy. In the contemporary world criminal organizations are still successful in their business. Some governments, on the other hand, cannot be distinguished from organized crime because of their inherent corruption and lawlessness in their activities.
Today, many world governments, the United Nations and various law enforcement agencies are fighting criminal organizations and corruption, but as long as we have politicians and government official behaving like criminals and taking bribes, criminal organizations will continue to grow.
Thanks to Ivan Simic. Ivan Simic was born in Belgrade, Serbia and an Economics graduate. For the past decade, he has worked in various fields: business, diplomacy, and government. He has written many articles and critiques or supported theories concerning global issues and international relations. Currently, he is pursuing a diplomatic career on international level.
A State, depending on size can have local, regional and national government. There are many types of governments, such as: Monarchy, Despotism, Dictatorship, Oligarchy, Plutocracy, Democracy, Theocracy, and Anarchy. A Government depending on type can by headed by politicians, monarchs, dictators, group of people (families), wealthy class, and religious elite. History does not have the exact date of the formation of the first governments, though; it holds some records of formation of very first governments 3000 years ago.
Organized crime or criminal organizations are groups or operations run by controversial individuals most commonly for the purpose of generating a financial profit and social power (influence). Organized crime, however defined, is characterized by a few basic qualities including durability over time, diversified interests, hierarchical structure, capital accumulation, reinvestment, access to political protection and the use of violence to protect interests. The best known criminal organizations are: Cosa Nostra - commonly known as Mafia (the Italian or the Sicilian), the Russian Mafia, the Japanese Yakuza, the Chinese Triads, the Colombian and the Mexican drug cartel, the Chechen Mafia, and young Mara Salvatrucha, among others. History has it, that the first sign of organized crime was seen 3000 years ago.
It is important to make a distinction between organized crime (criminal organizations) and terrorist organizations, military organizations, resistance organizations, political and paramilitary organizations, such as: Al Qaeda, Hezbollah, IRA, and Irgun. In relation, we should not forget the Nuremberg Trials in Germany, famous for prosecution of leadership of Nazi Germany. The best known was the Trial of the Major War Criminals before the International Military Tribunal (IMT) in 1945. On this trial followed were indicted as criminal organizations:
the Nationalsozialismus Deutsche Arbeiterpartei (NSDP), the Nazi party - National Socialist German Workers Party.
the Schutzstaffel (SS), Protective Squadron – military organization.
the Sicherheitsdienst (SD), Security Service – intelligence service of SS and NSDP.
the Gestapo - secret state police.
the Sturmabteilung (SA), Storm Division – paramilitary organization.
the Oberkommando der Wehrmacht (OKW) - Supreme Command of the Armed Forces.
This concept of criminal organizations was, and still continues to be controversial, and it was not used in International Human Rights Law since then.
Throughout history there has been constant struggle, but also connection between governments and organized crime. In addition, many world famous political and military leaders have been accused of running their countries like criminal organizations, for instance: Joseph Stalin (Soviet Union), Adolf Hitler (Germany), Mao Zedong (the Peoples Republic of China), Nicolae Ceausescu (Romania), Idi Amin Dada (Uganda), Manuel Antonio Noriega Moreno (Panama), Augusto José Ramón Pinochet Ugarte (Chile), among others. For many top government politicians is believed to grow enormous wealth by running a kleptrocracy, a government that extends the personal wealth and political power of government officials and the ruling class at the expense of the population.
Few years ago an unofficial list has been released of the people for who is believed to be the most self-enriching political leaders, top of which are: Suharto (former President of Indonesia/$15-$35 billion USD), Ferdinand Emmanuel Edralín Marcos (former President of the Philippines/$5-$10 billion USD), Mobutu Sese Seko Nkuku Ngbendu wa Za Banga (former President of Zaire/$5 billion USD), among many others.
What makes governments and organized crime to be so connected?
Governments have Head of States, Leaders, military, laws, taxes, customs, punishments; governments control States and go into wars, among others. On the other side criminal organizations (organized crime) has bosses, dons, families, soldiers, gangs, codes and outs, a protection racket and extortion, punishments, they also control territories and small cities, and they also go into wars with other criminal organizations, among others.
Looking at these examples we can see that there is many similarities in structure of government and organized crime. Many governments have been involved in criminal activities trough politicians, such as: weapons sales, narcotics, international loans, confiscation of private property, and corruption. A socio-political phenomenon called "Political corruption" is visible in all forms of governments, and includes extortion, nepotism, bribery, cronyism, patronage, graft and embezzlement. Global corruption is estimated at one trillion US Dollars, which is equal to what organized crime makes per year around the world.
According to history, ancient civilizations like Summer, Indus Valley Civilization, Babylon, Maya Civilization, Yellow River, Ancient Egypt, Ancient Greece, and Ancient Rome had governments, military, Laws, and crimes. The Summer Civilization had the first ever written code of Law, and it was written by the ruler Urukagina who was best known for his reforms to combat corruption. Later King Ur-Nammu wrote "the Code of Ur-Nammu", which is oldest surviving code of Law in the world. His code of Law is considered remarkably advanced, and the capital crimes of murder, robbery, adultery and rape were punished with death.
Many people, some of them historians believe that organized crime emerged from piracy and banditry in 17th century or from some famous warriors and conquers earlier, however, if we look at this ancient Laws, we can see that organized crime and crime generally existed long before piracy and banditry period, even Julius Cesar was kidnapped and held prisoner in 75BC by Cilician pirates, he was later released when requested ransom was paid. Afterwards, Cesar raised fleet and captured the pirates, pirates was first imprisoned and later crucified on his authority.
Pertinent historical question: so, what was formed first and what did set up the model for other; a government or organized crime?
It is evident that crime and organized crime existed long before the formation of the first government. Governments implemented Laws because of the crime activities that were visible in their society, in relation to that; we can say that crime is older than the first Law and government. If tree of more individuals organize them self´s to commit a crime, that crime is characterized as organized crime.
It was very hard, for example, in Twenty-fourth Century BC to distinguish between what was right and what was wrong, however, people held something deep inside of themselves for centuries of human evolution, and that is the sense for righteousness on which civilisations were able to build their respective society.
Did governments learned from organized crime or did organized crime learned from governments?
They learned from each other, government´s establishers applied some of the main principles of criminal organizations structure for the greater cause. In fact, many Laws and Government bodies were made because of crime activities. Criminal organizations followed the evolution of governments and learned to be more effective in criminal activities.
Throughout history crime walked along governments, it was present in every known society, including dynasties, imperialism, colonialism, monarchism, communism, socialism, and modern democracy. In the contemporary world criminal organizations are still successful in their business. Some governments, on the other hand, cannot be distinguished from organized crime because of their inherent corruption and lawlessness in their activities.
Today, many world governments, the United Nations and various law enforcement agencies are fighting criminal organizations and corruption, but as long as we have politicians and government official behaving like criminals and taking bribes, criminal organizations will continue to grow.
Thanks to Ivan Simic. Ivan Simic was born in Belgrade, Serbia and an Economics graduate. For the past decade, he has worked in various fields: business, diplomacy, and government. He has written many articles and critiques or supported theories concerning global issues and international relations. Currently, he is pursuing a diplomatic career on international level.
Wednesday, April 16, 2008
The Fifth Mafia
A mafia crime drama will be filmed in west Michigan in and around Grand Rapids to take advantage of the state’s new financial incentives for TV and movie production, its director said Wednesday.
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"The Fifth Mafia" will start filming in May and spend most of the summer on location in Michigan, said Director Vito J. Giambalvo.
Giambalvo said the project had been slated for production in Los Angeles but was moved to take advantage of the incentive package, which provides subsidies of up to 42% of production costs for TV, movie and video game development. Giambalvo said Fifth Mafia is a $6 million project.
It is unlikely, however, to be the first approved under the incentives legislation. Liz Boyd, spokeswoman for Gov. Jennifer Granholm, said Wednesday afternoon that state officials expect the project to go forward but have not approved its application.
"Fifth Mafia" also may lose one of its top actors, Joe Mantegna. Giambalvo said Mantegna, star of TV’s "Criminal Minds," is signed to appear in the movie but may have to be replaced because of scheduling conflicts.
Other cast members include Armand Assante, Ray Liotta and James Van Der Beek.
Thanks to Dawson Bell
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"The Fifth Mafia" will start filming in May and spend most of the summer on location in Michigan, said Director Vito J. Giambalvo.
Giambalvo said the project had been slated for production in Los Angeles but was moved to take advantage of the incentive package, which provides subsidies of up to 42% of production costs for TV, movie and video game development. Giambalvo said Fifth Mafia is a $6 million project.
It is unlikely, however, to be the first approved under the incentives legislation. Liz Boyd, spokeswoman for Gov. Jennifer Granholm, said Wednesday afternoon that state officials expect the project to go forward but have not approved its application.
"Fifth Mafia" also may lose one of its top actors, Joe Mantegna. Giambalvo said Mantegna, star of TV’s "Criminal Minds," is signed to appear in the movie but may have to be replaced because of scheduling conflicts.
Other cast members include Armand Assante, Ray Liotta and James Van Der Beek.
Thanks to Dawson Bell
Sunday, April 13, 2008
Four Chicago Defense Lawyers in A League of Their Own
In a city infamous for crime and corruption, the top criminal defense lawyers are as colorful and cunning as their clients.
They are routinely faced with insurmountable government evidence – wiretaps, surveillance tapes, fingerprints and informants. And they also claim the Federal Rules of Criminal Procedure are weighted in favor of the government.
On top of this, their cold-blooded clients can make a lawyer's life hell – especially when they lose.
"I think it's very difficult to do what they do," said Chicago Tribune columnist John Kass, who has covered many corruption and mob trials in Chicago. "Their clients demand perfection. They're the kind of clients you don't want to anger."
This is a surprisingly small club, with only about 15 lawyers doing criminal defense work in U.S. District Court for the Northern District of Illinois on a regular basis.
Lawyers USA interviewed four prominent Chicago criminal defense lawyers: Joseph "The Shark" Lopez; Rick Halprin, Edward Genson and Steven R. Hunter. All have recently handled high-profile federal trials.
Whether grilling government witnesses on the stand or trying to convince jurors to spare cold-blooded killers, these lawyers are in a legal league of their own.
Joseph "The Shark" Lopez
Lopez is the only one of the four who actually looks the part of a "wise-guy" lawyer.
Wearing a black suit, black shirt, a black tie with bright slashes of color and a diamond ring with enough bling to make a rapper blush, Lopez, 52, could care less if people call him a "mob lawyer."
"I've been called a mob lawyer, gang lawyer. I've represented a lot of mobsters," he said.
He's also been called "Shark" since he was a youth; it's on his license plate and his e-mail address.
Lopez, who represented Frank Calabrese Sr., in last year's "Family Secrets" trial in Chicago, is not exactly media shy. He wrote his own blog (The Chicago Syndicate) about the trial while it was under way – until the judge ordered him to shut it down.
"He's promoted himself in every way possible," said fellow criminal lawyer Halprin, who represented another defendant in the Family Secrets trial. "That blog was outrageous."
Lopez is unrepentant: "The government was mad because I was criticizing them and their witnesses."
He plans to re-launch his blog this summer during the trial of client Gary Kimmel, a Chicago dentist charged with laundering money for a nationwide prostitution ring.
A native Chicagoan of Mexican/Italian heritage, Lopez graduated from the University of Illinois law school. He planned to specialize in divorce law, but was asked to help out in a drug case. "My friends were Colombian/Mexican drug [defendants]," he said. "They sent me over there because I was squeaky clean."
A large swordfish hangs on the wall of his cluttered office. "I tell my clients, 'See how that fish's mouth is open? That's how it got caught,'" he said, laughing loudly.
Sketches on the wall depict Lopez in several of his biggest cases. He represented Rev. Jesse Jackson's brother, Noah, in a money laundering case; and one of the teenage defendants in the infamous Lenard Clark case. Clark, a young black teenager, was savagely beaten by a group of white teenagers in 1997 as he rode his bike home through a predominantly white neighborhood.
Lopez has a trial scheduled for the end of March involving Fernando King, the head of the Latin Kings gang in Chicago, on drug and weapons charges.
Lopez said he's always confident going into the courtroom. "Most lawyers are afraid they're gong to lose, so they talk their clients into pleading guilty," he said. "I always think I'm going to win. Even if there are 300 witnesses, I convince myself I'm going to win."
Rick Halprin
In stark contrast to Lopez, Halprin, 68, looks more like a securities lawyer than a criminal defense attorney. Dressed conservatively in a blue shirt with white collar, red checked tie, suit pants and vest, he said he is careful not to call attention to himself. "The most important thing is never lose your credibility with the jury," he said. "When the trial is about the lawyer, you're dead. When it's an endless cross examination that goes nowhere, you're dead. And when you dress flashy instead of conservative, you're dead."
Thomas A. Durkin, a veteran criminal defense lawyer and partner in Durkin & Roberts in Chicago, described Halprin as "absolutely one of the very best courtroom lawyers in Chicago."
"He's extremely persuasive with juries; he's very smooth," Durkin said. "He can be very low-key when the situation calls for it, and he can be aggressive when that's appropriate."
Halprin bristles at the term "mob lawyer," even though he defended Joey "The Clown" Lombardo, 78, in the Family Secrets trial – the biggest mob trial in Chicago in years.
"I'm not a mob lawyer," he said. "I think it's absurd."
Lombardo, along with Calabrese and mob boss James Marcello, were convicted of a total of 10 murders.
Although Halprin and Lombardo had their "moments" of disagreement in the courtroom, Halprin said Lombardo didn't blame him for the verdict. "I know to the whole world he's a scary guy, but if you explain something to him enough times he gets it," Halprin said. "The trial is about the evidence. You've got to be a good cross-examiner, and I'm very good at it," said Halprin. "You [attack] the lifestyle of the main witness – but if you can't take out the corroborative evidence, in the end, jurors are collectively just too smart to be swayed by that."
According to columnist Kass, "It's difficult to represent the Chicago Outfit – especially when they insist, as Lombardo did, on putting themselves on the stand."
While Lombardo "tried hard" to curb his wise-guy comments on the stand, Halprin said, he couldn't resist a few cracks that elicited laughter from the audience, and a rebuke from the judge.
"Joey is Joey," said Halprin. "There's no way you can get someone to change their contentious nature or stop making inappropriate jokes. He is a very funny guy, but there's a time and a place – and this was neither. But he tried hard."
Halprin, who described himself as a wild youth, never graduated from high school. He joined the Marines at 17, and eventually got enough hours of college credit so he could get into law school. He graduated from John Marshall Law School and has been practicing since 1970.
He learned the local legal ropes from Frank Oliver, a renowned Chicago criminal lawyer.
Sitting in his office a block and a half away from the federal courthouse, Halprin – who has a deep voice reminiscent of TV talk show host Larry King – said he has no plans to retire.
"I'm having too much fun. There's nothing like a federal courtroom. Federal trials are so challenging and so difficult to win," he said. "I'm going to die in the courtroom."
Edward Genson
At 66, Genson is the dean of Chicago's criminal lawyers. Just don't call him a "mob lawyer."
Genson detests the term so much that he stopped talking to Chicago Sun-Times columnist Carol Marin after her description of Genson as a mob lawyer was picked up by Vanity Fair magazine.
"I was angry about it," he said. "At some point in my career I had a number of Italian politicians as clients. That was about 20 years ago, and it was never more than 10 percent of my practice."
In 43 years of practice, Genson has represented scores of well-known clients, including former Illinois Gov. George Ryan's aide Scott Fawell and lobbyist Larry Warner. Even young Hollywood star Shia LaBeouf called on Genson when he was arrested in Chicago last year for refusing to leave a Chicago drugstore. "A lovely young man," Genson said, noting that the charges against LaBeouf were dropped.
In a case that has dragged on for six years, Genson is currently defending rapper R. Kelly on charges of having sex with an underage girl. Kelly's trial will finally take place May 9, according to Genson, who quipped: "It has to take place sometime."
Genson was co-counsel in last year's trial of Canadian newspaper publisher Conrad Black, who was accused of mail fraud and obstruction of justice.
Although Genson was supposed to be second chair on the defense team, he wound up questioning 24 of the 28 witnesses and handling almost the entire closing argument.
On the day in early March that Black was scheduled to be sent to a federal prison in Florida on a six-year sentence, Genson was still critical of Canadian lead lawyer Eddie Greenspan's courtroom performance. "He was a very bright man and an extraordinarily good lawyer in Canada, but they can't work at this speed," he said.
The son of a Chicago bail bondsman, Genson remembers driving his father to police stations at night and sitting in courtrooms, listening to trial lawyers.
After graduating from Northwestern University Law School, he scrambled for clients, handling up to 100 trials a year. He still keeps a grueling pace, despite having suffered for years from dystonia, a neurological disorder that makes walking difficult, especially when he is tired or under stress.
Genson wears an arm sling while recuperating from recent shoulder surgery – the latest in a string of orthopedic surgeries related to his neurological condition. An electric wheelchair sits next to his desk in his office on the 14th floor of the 19th century Monadnock Building, across from the Federal Center.
Still, he has no thought of retiring. "Trial law is an all-encompassing kind of profession," he said. "It's your whole life when you're at trial. There's no such thing as sleeping with any regularity because you're always waking up with ideas. There's no such thing as weekends. When you occasionally go to a movie, you're thinking about what you should be doing the next day.
"A good trial lawyer just doesn't develop a whole lot of interests," he added. "So, what would I do if I retired?"
Despite his protestations, Genson has an obvious interest in art and antiques. The eclectic decorations in his office include: cowboy paintings by an art forger who testified as a government witness in one of his trials; a 19th Century desk he bought in London; a 16th Century Spanish credenza; and a portrait of Clarence Darrow, his idol.
Genson has a murder trial coming up in April, a money laundering trial set for June and a Medicaid fraud trial later this summer.
"I'll retire when they start laughing at me," he said. "So far, that hasn't happened."
Steven R. Hunter
Hunter, 45, knew from a young age he wanted to be a criminal lawyer. He remembers being inspired by the story of Atticus Finch in "To Kill a Mockingbird."
"Something about defending the underdog just appealed to me," Hunter said.
Originally from Grosse Isle, Mich., Hunter graduated from University of Michigan Law School in 1997 and headed for Chicago. "I knew I wanted to be in Chicago," Hunter said. "To me, Chicago is the greatest city in the world."
But without any connections, it wasn't easy. Hunter worked as an immigration lawyer for Catholic Charities, and then landed a job with the public defenders' office.
He spent eight and a half years defending child abusers, juveniles and street gang members. "I was dealing with people who were whipping their children with extension rods and coat hangers," he recalled.
Overloaded with cases and long hours, Hunter left in 1986 to start his own practice. He qualified for the federal trial bar and was appointed to the federal defenders' panel.
He recently defended Anthony Calabrese (no relation to Frank Calabrese), an alleged mob hit man who was convicted of armed robbery. He also represented Eural Black, a Chicago police officer convicted in January of robbing drug dealers while on duty.
Although many of his cases still come through the panel, Hunter is getting an increasing number of calls from private clients. "It's really a slow, grinding process where you start out small," said Hunter. "If you work hard enough for your clients, if you fight cases, as opposed to pleading everybody out, that snowballs, and eventually you wind up having a pretty good practice."
Thanks to Nora Tooher
They are routinely faced with insurmountable government evidence – wiretaps, surveillance tapes, fingerprints and informants. And they also claim the Federal Rules of Criminal Procedure are weighted in favor of the government.
On top of this, their cold-blooded clients can make a lawyer's life hell – especially when they lose.
"I think it's very difficult to do what they do," said Chicago Tribune columnist John Kass, who has covered many corruption and mob trials in Chicago. "Their clients demand perfection. They're the kind of clients you don't want to anger."
This is a surprisingly small club, with only about 15 lawyers doing criminal defense work in U.S. District Court for the Northern District of Illinois on a regular basis.
Lawyers USA interviewed four prominent Chicago criminal defense lawyers: Joseph "The Shark" Lopez; Rick Halprin, Edward Genson and Steven R. Hunter. All have recently handled high-profile federal trials.
Whether grilling government witnesses on the stand or trying to convince jurors to spare cold-blooded killers, these lawyers are in a legal league of their own.
Joseph "The Shark" Lopez
Lopez is the only one of the four who actually looks the part of a "wise-guy" lawyer.
Wearing a black suit, black shirt, a black tie with bright slashes of color and a diamond ring with enough bling to make a rapper blush, Lopez, 52, could care less if people call him a "mob lawyer.""I've been called a mob lawyer, gang lawyer. I've represented a lot of mobsters," he said.
He's also been called "Shark" since he was a youth; it's on his license plate and his e-mail address.
Lopez, who represented Frank Calabrese Sr., in last year's "Family Secrets" trial in Chicago, is not exactly media shy. He wrote his own blog (The Chicago Syndicate) about the trial while it was under way – until the judge ordered him to shut it down.
"He's promoted himself in every way possible," said fellow criminal lawyer Halprin, who represented another defendant in the Family Secrets trial. "That blog was outrageous."
Lopez is unrepentant: "The government was mad because I was criticizing them and their witnesses."
He plans to re-launch his blog this summer during the trial of client Gary Kimmel, a Chicago dentist charged with laundering money for a nationwide prostitution ring.
A native Chicagoan of Mexican/Italian heritage, Lopez graduated from the University of Illinois law school. He planned to specialize in divorce law, but was asked to help out in a drug case. "My friends were Colombian/Mexican drug [defendants]," he said. "They sent me over there because I was squeaky clean."
A large swordfish hangs on the wall of his cluttered office. "I tell my clients, 'See how that fish's mouth is open? That's how it got caught,'" he said, laughing loudly.
Sketches on the wall depict Lopez in several of his biggest cases. He represented Rev. Jesse Jackson's brother, Noah, in a money laundering case; and one of the teenage defendants in the infamous Lenard Clark case. Clark, a young black teenager, was savagely beaten by a group of white teenagers in 1997 as he rode his bike home through a predominantly white neighborhood.
Lopez has a trial scheduled for the end of March involving Fernando King, the head of the Latin Kings gang in Chicago, on drug and weapons charges.
Lopez said he's always confident going into the courtroom. "Most lawyers are afraid they're gong to lose, so they talk their clients into pleading guilty," he said. "I always think I'm going to win. Even if there are 300 witnesses, I convince myself I'm going to win."
Rick Halprin
In stark contrast to Lopez, Halprin, 68, looks more like a securities lawyer than a criminal defense attorney. Dressed conservatively in a blue shirt with white collar, red checked tie, suit pants and vest, he said he is careful not to call attention to himself. "The most important thing is never lose your credibility with the jury," he said. "When the trial is about the lawyer, you're dead. When it's an endless cross examination that goes nowhere, you're dead. And when you dress flashy instead of conservative, you're dead."
Thomas A. Durkin, a veteran criminal defense lawyer and partner in Durkin & Roberts in Chicago, described Halprin as "absolutely one of the very best courtroom lawyers in Chicago."
"He's extremely persuasive with juries; he's very smooth," Durkin said. "He can be very low-key when the situation calls for it, and he can be aggressive when that's appropriate."
Halprin bristles at the term "mob lawyer," even though he defended Joey "The Clown" Lombardo, 78, in the Family Secrets trial – the biggest mob trial in Chicago in years.
"I'm not a mob lawyer," he said. "I think it's absurd."
Lombardo, along with Calabrese and mob boss James Marcello, were convicted of a total of 10 murders.
Although Halprin and Lombardo had their "moments" of disagreement in the courtroom, Halprin said Lombardo didn't blame him for the verdict. "I know to the whole world he's a scary guy, but if you explain something to him enough times he gets it," Halprin said. "The trial is about the evidence. You've got to be a good cross-examiner, and I'm very good at it," said Halprin. "You [attack] the lifestyle of the main witness – but if you can't take out the corroborative evidence, in the end, jurors are collectively just too smart to be swayed by that."
According to columnist Kass, "It's difficult to represent the Chicago Outfit – especially when they insist, as Lombardo did, on putting themselves on the stand."
While Lombardo "tried hard" to curb his wise-guy comments on the stand, Halprin said, he couldn't resist a few cracks that elicited laughter from the audience, and a rebuke from the judge."Joey is Joey," said Halprin. "There's no way you can get someone to change their contentious nature or stop making inappropriate jokes. He is a very funny guy, but there's a time and a place – and this was neither. But he tried hard."
Halprin, who described himself as a wild youth, never graduated from high school. He joined the Marines at 17, and eventually got enough hours of college credit so he could get into law school. He graduated from John Marshall Law School and has been practicing since 1970.
He learned the local legal ropes from Frank Oliver, a renowned Chicago criminal lawyer.
Sitting in his office a block and a half away from the federal courthouse, Halprin – who has a deep voice reminiscent of TV talk show host Larry King – said he has no plans to retire.
"I'm having too much fun. There's nothing like a federal courtroom. Federal trials are so challenging and so difficult to win," he said. "I'm going to die in the courtroom."
Edward Genson
At 66, Genson is the dean of Chicago's criminal lawyers. Just don't call him a "mob lawyer."
Genson detests the term so much that he stopped talking to Chicago Sun-Times columnist Carol Marin after her description of Genson as a mob lawyer was picked up by Vanity Fair magazine.
"I was angry about it," he said. "At some point in my career I had a number of Italian politicians as clients. That was about 20 years ago, and it was never more than 10 percent of my practice."
In 43 years of practice, Genson has represented scores of well-known clients, including former Illinois Gov. George Ryan's aide Scott Fawell and lobbyist Larry Warner. Even young Hollywood star Shia LaBeouf called on Genson when he was arrested in Chicago last year for refusing to leave a Chicago drugstore. "A lovely young man," Genson said, noting that the charges against LaBeouf were dropped.
In a case that has dragged on for six years, Genson is currently defending rapper R. Kelly on charges of having sex with an underage girl. Kelly's trial will finally take place May 9, according to Genson, who quipped: "It has to take place sometime."
Genson was co-counsel in last year's trial of Canadian newspaper publisher Conrad Black, who was accused of mail fraud and obstruction of justice.
Although Genson was supposed to be second chair on the defense team, he wound up questioning 24 of the 28 witnesses and handling almost the entire closing argument.
On the day in early March that Black was scheduled to be sent to a federal prison in Florida on a six-year sentence, Genson was still critical of Canadian lead lawyer Eddie Greenspan's courtroom performance. "He was a very bright man and an extraordinarily good lawyer in Canada, but they can't work at this speed," he said.
The son of a Chicago bail bondsman, Genson remembers driving his father to police stations at night and sitting in courtrooms, listening to trial lawyers.
After graduating from Northwestern University Law School, he scrambled for clients, handling up to 100 trials a year. He still keeps a grueling pace, despite having suffered for years from dystonia, a neurological disorder that makes walking difficult, especially when he is tired or under stress.
Genson wears an arm sling while recuperating from recent shoulder surgery – the latest in a string of orthopedic surgeries related to his neurological condition. An electric wheelchair sits next to his desk in his office on the 14th floor of the 19th century Monadnock Building, across from the Federal Center.
Still, he has no thought of retiring. "Trial law is an all-encompassing kind of profession," he said. "It's your whole life when you're at trial. There's no such thing as sleeping with any regularity because you're always waking up with ideas. There's no such thing as weekends. When you occasionally go to a movie, you're thinking about what you should be doing the next day.
"A good trial lawyer just doesn't develop a whole lot of interests," he added. "So, what would I do if I retired?"
Despite his protestations, Genson has an obvious interest in art and antiques. The eclectic decorations in his office include: cowboy paintings by an art forger who testified as a government witness in one of his trials; a 19th Century desk he bought in London; a 16th Century Spanish credenza; and a portrait of Clarence Darrow, his idol.
Genson has a murder trial coming up in April, a money laundering trial set for June and a Medicaid fraud trial later this summer.
"I'll retire when they start laughing at me," he said. "So far, that hasn't happened."
Steven R. Hunter
Hunter, 45, knew from a young age he wanted to be a criminal lawyer. He remembers being inspired by the story of Atticus Finch in "To Kill a Mockingbird."
"Something about defending the underdog just appealed to me," Hunter said.
Originally from Grosse Isle, Mich., Hunter graduated from University of Michigan Law School in 1997 and headed for Chicago. "I knew I wanted to be in Chicago," Hunter said. "To me, Chicago is the greatest city in the world."
But without any connections, it wasn't easy. Hunter worked as an immigration lawyer for Catholic Charities, and then landed a job with the public defenders' office.
He spent eight and a half years defending child abusers, juveniles and street gang members. "I was dealing with people who were whipping their children with extension rods and coat hangers," he recalled.
Overloaded with cases and long hours, Hunter left in 1986 to start his own practice. He qualified for the federal trial bar and was appointed to the federal defenders' panel.
He recently defended Anthony Calabrese (no relation to Frank Calabrese), an alleged mob hit man who was convicted of armed robbery. He also represented Eural Black, a Chicago police officer convicted in January of robbing drug dealers while on duty.
Although many of his cases still come through the panel, Hunter is getting an increasing number of calls from private clients. "It's really a slow, grinding process where you start out small," said Hunter. "If you work hard enough for your clients, if you fight cases, as opposed to pleading everybody out, that snowballs, and eventually you wind up having a pretty good practice."
Thanks to Nora Tooher
Friday, April 11, 2008
Judge Takes No Action for Now on Alleged Threat by Mobster to US Attorney
The federal judge who presided over Chicago's biggest mob trial in years ruled Thursday that a threat allegedly uttered by one of the defendants during closing arguments calls for no immediate action.
It should be obvious that a defendant is not entitled to a new trial or any other relief merely because a juror observed his behavior in court, U.S. District Judge James B. Zagel said in a 12-page opinion.
"A defendant seeking relief in this instance is somewhat like the apocryphal child who murders his parents and then asks the court to have mercy on an orphan," Zagel said.
The jury convicted five defendants of taking part in a racketeering conspiracy that involved illegal gambling, extortion, loan sharking and 18 murders that went unsolved for decades.
Among the victims was Tony "The Ant" Spilotro, the mob's longtime man in Las Vegas and the inspiration for Joe Pesci's character in the movie "Casino." He and brother Michael Spilotro were beaten to death and buried in an Indiana cornfield in June 1986.
Other victims were strangled, beaten and shot to keep them from leaking secrets to the FBI, according to witnesses at the 10-week trial.
Several of those convicted at the trial argued that the alleged threat may have prejudiced the jury and one of them, mob boss James Marcello, asked for a new trial.
The alleged threat took place while Assistant U.S. Attorney Markus Funk delivered a closing argument for the government.
Four jurors told prosecutors after the trial that while Funk spoke, convicted loan shark and hit man Frank Calabrese Sr. said: "You are a (expletive) dead man," according to a letter from the government to Calabrese's lawyer last October.
The juror who made the initial report was "extremely credible" in saying he heard part of the sentence and saw Calabrese mouth the rest of it, Zagel said in his opinion Thursday. Prosecutors didn't hear it.
Zagel said he held a hearing at the request of the defendants but found no reason for further action now. The judge did say, however, that he would address the issue further when he rules on the defendants' post-trial motions.
It should be obvious that a defendant is not entitled to a new trial or any other relief merely because a juror observed his behavior in court, U.S. District Judge James B. Zagel said in a 12-page opinion.
"A defendant seeking relief in this instance is somewhat like the apocryphal child who murders his parents and then asks the court to have mercy on an orphan," Zagel said.
The jury convicted five defendants of taking part in a racketeering conspiracy that involved illegal gambling, extortion, loan sharking and 18 murders that went unsolved for decades.
Among the victims was Tony "The Ant" Spilotro, the mob's longtime man in Las Vegas and the inspiration for Joe Pesci's character in the movie "Casino." He and brother Michael Spilotro were beaten to death and buried in an Indiana cornfield in June 1986.
Other victims were strangled, beaten and shot to keep them from leaking secrets to the FBI, according to witnesses at the 10-week trial.
Several of those convicted at the trial argued that the alleged threat may have prejudiced the jury and one of them, mob boss James Marcello, asked for a new trial.
The alleged threat took place while Assistant U.S. Attorney Markus Funk delivered a closing argument for the government.
Four jurors told prosecutors after the trial that while Funk spoke, convicted loan shark and hit man Frank Calabrese Sr. said: "You are a (expletive) dead man," according to a letter from the government to Calabrese's lawyer last October.
The juror who made the initial report was "extremely credible" in saying he heard part of the sentence and saw Calabrese mouth the rest of it, Zagel said in his opinion Thursday. Prosecutors didn't hear it.
Zagel said he held a hearing at the request of the defendants but found no reason for further action now. The judge did say, however, that he would address the issue further when he rules on the defendants' post-trial motions.
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