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Federal Protective Service (FPS) under the Department of HomelandSecurity2. A May 13, 2003 Memorandum of Agreement between HomelandSecurity Secretary Ridge and Attorney General Ashcroft assignedthe FBI the lead role in investigating terrorist financing3. Title III of the USA PATRIOT Act, for the first time, imposed onsecurities brokers and dealers, insurance companies and moneytransferservices obligations to detect money laundering4. Immigration Lawyers.(a)(b)In May 2004, Mohamed Alamgir, a Washington D.C.<strong>immigration</strong> lawyer, pleaded guilty to money laundering(among other crimes) after filing more than 200 fraudulentvisa applications. See Immigration Attorney Guilty of Fraudand Conspiracy (May 13, 2004) athttp://www.visalaw.com/04may1/12may104.html (lastviewed June, 2011)In March 2003, Samuel G. Kooritzky, a Virginia attorney,was sentenced to 10 years’ imprisonment and ordered to pay$2.3 million in restitution after being convicted in 2002 ofone count of money laundering (among numerous othercrimes). The charges stemmed from his efforts to filefraudulent applications for alien employment certificationwith the United States Department of Labor on behalf ofNorthern Virginia businesses and local immigrants. SeeImmigration Lawyer in Virginia Sentenced in ImmigrationFraud Case (Mar. 12, 2003) athttp://www.jjgvisalaw.com/March1_Labor_Certification_Fraud.html. (last viewed June, 2011)33us\JUCEARO\7667714.1
I. When Document Destruction Becomes Justice Obstruction.See generally, Abramowitz and Bohrer, New York Law Journal, March 5,2002 (explaining that the destruction of documents may constituteobstruction of justice even before a proceeding is commenced wheredestruction is with intent to make documents unavailable). See also AnnDavis, UBS Is Sanctioned for Withholding E-mails, Wall St. J., July 21,2004 (describing how a U.S. District Judge in the S.D.N.Y. adopted a thennew standard of a lawyer’s “obligation” to promote the preservation ofevidence, specifically, that company <strong>lawyers</strong> must warn employees not todestroy evidence relevant to a lawsuit and actively supervise anydestruction process).J. OFAC Compliance- See Mario Mancuso et al., Lessons Learned fromRecent OFAC Enforcement Cases, 3 Financial Fraud Law Report 640(2011).IV.Duties of LawyerA. To Client1. Contractual – in engagement letter, by oral contract or implied inlaw2. Under Code of Professional Responsibility(www.padisciplinaryboard.org/documents/RulesOfProfessionalConduct.pdf)3. In tort – as a “fiduciary”4. Under statutes5. New York “Statement” of Client Rights. See Annex A-16B. To Third Parties – who pay the bill or are affected by lawyer behavior,including counter-parties and adversaries of the client1. In tort and contract2. Under Code of Professional Responsibility3. Under statutes34us\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 and 28: (d)Inducing or threatening a witnes
Page 29 and 30: conspiracy is ‘an agreement to co
Page 31 and 32: private sector, there are four elem
Page 33: 2412 (2004), a case similar in many
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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