WHOSE RIGHTS? WHY STATES SHOULD SET THE PARAMETERS FOR FEDERAL HONEST SERVICES MAIL AND WIRE FRAUD PROSECUTIONS
In: Boston College Law Review, Jg. 49 (2008-11-01), S. 1431
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INTRODUCTION On August 21, 1997, plaintiffs' lawyer Paul Minor stormed into a Kmart store in Jackson, Mississippi. 1 Minor had recently won a $ 3.4 million verdict against the mega retailer for three of his clients, but Kmart had not taken any steps toward paying that judgment. 2 Minor intended to collect the judgment by emptying the store's registers. 3 As local television cameras rolled, he lambasted Kmart for its inaction. 4 The brash attorney did not leave the store with a bag of cash, but his tactics did prove to be successful; Kmart posted a bond that same day. 5 Paul Minor's behavior often pushes boundaries, but he has been accused recently of going too far. 6 In 2003, the Bush administration targeted Mississippi as fertile ground for tort reform. 7 To this end, FBI agents began looking into the campaign funding sources of Mississippi judges, and Minor's name surfaced. 8 He had guaranteed a loan to help Mississippi Supreme Court Justice Oliver Diaz secure election financing. 9 Pursuant to this investigation, the Department of Justice ("DOJ") filed charges against Minor, alleging that, because he practiced in front of Justice Diaz, his guaranty violated federal laws prohibiting an individual from participating in a scheme intended to deprive a state and/or its citizens of the honest services of a public official. 10 Although Minor's actions may appear unseemly, there is no Mississippi state law prohibiting an attorney who practices in front of a judge from financially assisting that judge ...
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WHOSE RIGHTS? WHY STATES SHOULD SET THE PARAMETERS FOR FEDERAL HONEST SERVICES MAIL AND WIRE FRAUD PROSECUTIONS
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Autor/in / Beteiligte Person: | AVERY, MICHAEL K. |
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Zeitschrift: | Boston College Law Review, Jg. 49 (2008-11-01), S. 1431 |
Veröffentlichung: | 2008 |
Medientyp: | academicJournal |
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