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stated, “We emphatically reject the notion that a law degree,like some sorcerer’s amulet, can ward off the rigors of thecriminal law. . . . By our reckoning, attorneys cannot berelieved of obligations of lawfulness imposed on the citizenryat large. . . . As sworn officers of the court, <strong>lawyers</strong> shouldnot seek to avail themselves of relaxed rules of conduct. Tothe exact contrary, they should be held to the higheststandards in promoting the cause of justice.” Id. at 996. “Thefact that [attorney’s] participation was clothed, at least in part,in the mantle of superficially ‘professional’ conduct does notexonerate the lawyer from culpability.” Id. at 990. The courtwent so far to say that “even were we inclined to credit theclaim that [the witness] voluntarily acceded to actions by [theattorney] aimed at sending him to jail in order to protect [thethird party], no effective defense avails to [the attorney] as aresult.” Id.F. Conspiracy1. Elements of Conspiracy under Federal Law.(a)Conspiracy is an agreement between two or more persons tocommit an unlawful act by knowingly engaging in theconspiracy, intending to commit those offenses that were theobjects of the conspiracy, and commission of an “overt act”by one or more members of the conspiracy. See 2 KevinO’Malley, Jay Grenig & Hon. William Lee, Federal JuryPractice and Instructions: Criminal §31.02 (5th ed. 2000);Committee on Pattern Jury Instructions District JudgesAssociation, Fifth Circuit Pattern Jury Instructions: Criminal(2001)2. Supreme Court Revives Broad Definition of Conspiracy.(a)(b)In United States v. Recio, 537 U.S. 270 (2003), the issue waswhether the government could charge suspects withconspiracy when the alleged crime had already beendiscovered and prevented from occurring. The SupremeCourt held that a conspiracy does not automatically terminatesimply because the Government defeated the conspiracy’sobjectiveWriting for the majority, Justice Breyer emphasized that“[t]he Court has repeatedly said that the essence of a27us\JUCEARO\7667714.1
conspiracy is ‘an agreement to commit an unlawful act.’ Thatagreement is ‘a distinct evil,’ which ‘may exist and bepunished whether or not the substantive crime ensues.’ Theconspiracy poses a ‘threat to the public’ over and above thethreat of the commission of the relevant substantive crime –both because the ‘combination in crime makes more likely thecommission of [other] crimes’ and because it ‘decreases theprobability that the individuals involved will depart from theirpath of criminality.’” 537 U.S. at 275. (Internal citationsomitted.)(c)In light of Recio, an individual charged with conspiracy andlinked to the conspiracy, such as Zacarias Moussaoui, willlikely have difficulty arguing that it was factually impossibleto carry out the conspiracy to hijack a plane on September 11because he was jail at the time. See David G. Savage, A Trioof Cases Could Determine How the Government ProbesSecurity Threats, ABA J. (Dec. 20, 2002)3. Doctrine of Conscious Avoidance.(a)“Conscious avoidance occurs when a person deliberatelycloses his eyes to avoid having knowledge of what wouldotherwise be obvious to him. But such deliberate ignorance . .. does not establish that person’s innocence.” United States v.Reyes, 302 F.3d 48 (2d Cir. 2002); see also United States v.Abreu, 342 F.3d 183, 188 (2d Cir. 2003). “[T]he doctrinemay be invoked to prove defendant had knowledge of theunlawful conspiracy. But . . . [the doctrine may not] be usedto prove intent to participate in a conspiracy. . . . Yet oncedefendant’s participation in a conspiracy has been proved,conscious avoidance may properly be used to prove hisknowledge of its unlawful objectives.” Reyes, 302 F.3d at 54–55. See also United States v. Hollender, No. 02-1720(L); 03-1196, 2004 U.S. App. LEXIS 498, at *6-7 (2d Cir. Jan. 14,2004). In reversing the decision of the lower court to setaside the guilty verdict, Judge Cardamone reinstated Reyes’conviction of engaging in a stolen automobile air bagconspiracy, finding that Reyes demonstrated a consciousavoidance of guilt in the context of a conspiracy. FollowingReyes’ arrest, an FBI agent had asked him whether he knewthe business associate from whom he received checks forbrokering the sale of airbags dealt in stolen airbags. Reyes28us\JUCEARO\7667714.1
Page 1 and 2: AMERICAN IMMIGRATIONLAWYERS ASSOCIA
Page 3 and 4: H. Money Laundering - 18 U.S.C. §
Page 5 and 6: G. In some jurisdictions a lawyer h
Page 7 and 8: E. FriendF. If in-house or in-gover
Page 9 and 10: notify the EOIR thereof voluntarily
Page 11 and 12: F. The “Market” Discipline1. Re
Page 13 and 14: (ii)Harboring(1) Authorizes crimina
Page 15 and 16: (i)“Any alien who (1) enters or a
Page 17 and 18: B. Sample Cases and Penalties for D
Page 19 and 20: 2. 18 U.S.C. § 1503 forbids corrup
Page 21 and 22: jury proceeding was pending); Unite
Page 23 and 24: F.2d 1269 (4th Cir. 1979). In that
Page 25 and 26: statute prohibits elliptical sugges
Page 27: (d)Inducing or threatening a witnes
Page 31 and 32: private sector, there are four elem
Page 33 and 34: 2412 (2004), a case similar in many
Page 35 and 36: I. When Document Destruction Become
Page 37 and 38: 2. Agency Referral3. Suit4. Publici
Page 39 and 40: 4. Failing to file or failing to ap
Page 41 and 42: VI.Specific IssuesA. Is there a, an
Page 43 and 44: for treating unencrypted e-mail wit
Page 45 and 46: (6) the time limitations imposed by
Page 47 and 48: (a) Duty under Rule 1.16(d) to acco
Page 49 and 50: (3) to prevent, mitigate or rectify
Page 51 and 52: those of the constituents with whom
Page 53 and 54: (e)(f)(g)(h)(i)lawyer fees paid by
Page 55 and 56: 6. ABCNY Formal Op. 2006-1 suggeste
Page 57 and 58: parties providing financing to the
Page 59 and 60: information can be effectively segr
Page 61 and 62: (f)The lawyer obligation arises whe
Page 63 and 64: United States v. Hanlon, 548 F.2d 1
Page 65 and 66: employees of a litigation hold and
Page 67 and 68: 7. Was there a conflict check and a
Page 69 and 70: (b)(c)Factual and characterization
Page 71 and 72: H. Staff and Partner Exits1. Have a
Page 73 and 74: F. Expert Testimony. See D.E. Ytreb
Page 75 and 76: (i)(ii)(iii)Beginning in September
Page 77 and 78: (d)Plaintiffs now sue the attorney
Page 79 and 80:
5. American Legal Ethics Library/Co
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