Posts Tagged ‘could’

Prominent New York Criminal Defense Lawyer Says Cover Up Could Be Worse than the Crime for Pitching Great Roger Clemens

New York, NY (PRWEB) March 27, 2009

If a perjury indictment is returned against 7-time Cy Young Award winner Roger Clemens, one noted New York criminal defense lawyer fully expects the federal government to make an example out of the superstar pitcher in a bid to deter anyone in the future from lying during a congressional hearing.

“This could turn out to be a perfect example of how the cover up is worse than the crime,” said Steven Brill, a New York criminal defense attorney and partner in the New York litigation firm of Sullivan & Brill. In a February 12, 2009 article out of the Associated Press, a retired FBI agent is quoted as saying that perjury cases involving high-profile defendants are becoming more common, telling AP: “It used to be we didn’t mess with these kinds of cases. Everybody lied to us. Then, they got Martha Stewart on lying, and it became the flavor of the month.”

“Even if he is found guilty of having taken performance-enhancing drugs back in 1998, 2000 and 2001,” Brill said, “from what I’ve seen I don’t expect Clemens to be charged with the underlying drug crime. But there is no question that he will suffer because of his celebrity if a perjury indictment is handed down by the grand jury.

“Congress does not like to be lied to,” Brill warned. “If he is convicted of perjury, he could be facing jail time.”

Brill said that if Clemens is indicted and the case goes to trial, Clemens lawyer, Rusty Hardin, will probably focus most of his energy on trying to discredit Brian McNamee, Clemens’ former trainer and principal accuser, so that no credible evidence exists that could support a perjury finding against Clemens.

“If Clemens stands by his statements,” Brill explained, “and McNamee is shown to be a liar, then the perjury charge cannot stand.”

Looking ahead at what will probably happen to Clemens, Brill said that once a witness gives sworn testimony that contains untrue statements on a material matter in a case, there is not much more that can be done to avoid criminal prosecution.

“For this reason, we always advise our clients of the risks and consequences of testifying falsely,” Brill said. “It is human nature for some people to lie when they are under fire and their future is on the line. If we get the sense that a client is traveling down that road, we strongly advise the client not to testify at all.”

According to Brill, state and federal perjury charges are infrequent because it is hard to prove that an individual willfully lied about a material matter.

“In a perjury case,” he explained, “the government must present evidence that proves not only that the defendant testified falsely, but that he or she willfully made a statement which the defendant did not believe to be true and that the matter about which the defendant is testifying falsely is a material matter in the case.

“Clemens lying about his address or the names of his kids wouldn’t count,” Brill said.


Be the first to comment - What do you think?  Posted by - March 12, 2011 at 10:23 am

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Did you know Joe Wilson could see through Obama’s lies better than anyone because he’s an immigration attorney?

by UggBoy♥UggGirl [ PHOTO : WORLD : SENSE ]

Question by Culture Warrior: Did you know Joe Wilson could see through Obama’s lies better than anyone because he’s an immigration attorney?
I certainly didn’t know that. But as it turns out, neither did anyone else. Could Joe Wilson be…..lying?

Just a few excerpts from the article:

“One lawyer from Wilson’s home county of Lexington — who said he has known Wilson personally since 1985 and described himself as very familiar with Wilson’s law practice — declared flatly, ‘Joe has never been anything but a real-estate attorney. You could call 150 lawyers down here and ask if Wilson did immigration law, they’d say: Hell no.'”

“A spokesman [for the the American Immigration Lawyers Association said] no one named Joe Wilson from South Carolina is currently a registered member, and that no one shows up under that name in a member database that goes back ‘ten to fifteen years.’

The Carolina Immigration Bar: ‘No one is aware of Congressman Wilson ever handling immigration matters.'”

Etc, etc etc

“A spokesman for Rep. Wilson did not respond to TPMmuckraker’s request for comment.”

Best answer:

Answer by froggy
Who cares about Wilson? Let’s move on and pass this bill.

Give your answer to this question below!

7 comments - What do you think?  Posted by - February 27, 2011 at 8:26 pm

Categories: Immigration Lawyer   Tags: , , , , , , , , , , , ,

Immigration Lawyer – Who Could Benefit from the Immigration Reform? Who could benefit from the Immigration Reform, which according to many rumors may take place this year?Watch this video to hear the immigration lawyers answer. Top US & New York Immigration Lawyer/Attorney Brad Bernstein and his associates give free advice to callers at Immigration Link Show on Linkup Radio 93.5 FM. Immigration Link Radio Show is aired Monday through Friday, 12:00pm-12:30pm EST, on 93.5 FM in New York City Metro Area and on our website at You too can ask a free immigration question from Spar & Bernsteins attorneys by calling 1-877-320-5465 during the hours of the show. To schedule a consultation with The Law Offices of Spar & Bernstein, please call 1-800-LAW-LINK or 1-800-529-5465 (within USA) or 1-212-227-3636 (outside of USA). Also please visit our cool blog, Spar & Bernstein’s Law Link
Video Rating: 0 / 5

7 comments - What do you think?  Posted by - February 2, 2011 at 6:19 pm

Categories: Immigration Lawyer   Tags: , , , , ,

Q&A: Could the second amendment be under attack again?

Question by Easy, later tonight my rm.: Could the second amendment be under attack again?
or is this just a ploy to pander to certain Democratic constituents? wash a few hands but not really do the final rinse.

Attorney General Eric Holder stated “the president will seek to reinstate the ban on semi-automatic firearms”.

Several times on the campaign trail, Obama told voters “I’m not going to take your guns away.” He said it at rallies in Duryea, Pennsylvania and in Boise, Idaho. He also told a news conference that “Lawful gun owners have nothing to fear..a…I think people can take me at my word.”
mmv..I forgot that
nightwind….great answer..

Best answer:

Answer by Crazy Dave
Always under attack! If the government takes our guns then how will we defend ourselves against them? America is becoming a police state!

What do you think? Answer below!

8 comments - What do you think?  Posted by - January 26, 2011 at 8:15 pm

Categories: Boise Lawyer   Tags: , , , , ,

Staten Island Ferry Hits the Pier Again Leaving New York Personal Injury Lawyers Wondering How it could Happen Again, So Soon

New York, New York (PRWEB) July 16, 2009

A Staten Island ferry boat packed with about 800 rush-hour commuters slammed into a pier while docking on July 1. Approximately 14 people were left with minor injuries. There was some damage to the dock, but the vessel did not suffer any damage, reports the New York Post.

“When I heard the story, the first image that came to my mind was the horrible ferry accident that killed eleven in 2003,” says New York personal injury lawyer David Perecman. “I was relieved to hear that there were only minor physical injuries reported this time.”

About 750 people were evacuated from the boat.

According to the fire department, it appears that the boat abruptly lost power before hitting the Staten Island dock at full speed.

The ferry terminal, the St. George Terminal, was the same site of the 2003 ferry crash, one of the city’s worst mass-transit disasters. Eleven people were killed when a ferryboat crashed into a maintenance pier at full speed after the vessel’s pilot blacked out while on painkiller medication. Scores more were injured. About 1,500 people were aboard at the time.

New York personal injury lawyers are quick to note that the last accident prompted a flurry of passenger lawsuits against the city, which owns and operates the ferry sersvice. These personal injury lawsuits resulted in payment of close to million to settle the more than 130 suits.

Says Perecman and other New York personal injury lawyers, there are likely to be a flood of personal injury lawsuits filed against the city again.

“The law does allow all those on the ferry who suffered emotional distress to file for compensation, even if they did not suffer any physical injuries,” explains Perecman, who has over 25 years experience in Staten Island as a New York personal injury lawyer.

About David Perecman and The Perecman Firm, PLLC:

For the past 25 years, the New York personal injury lawyers, construction accident, auto accident and medical malpractice lawyers at The Perecman Firm, PLLC have championed all types of cases for personal injury. David Perecman, founder of the Firm, is the past Secretary of the New York State Trial Lawyers Association (NYSTLA) and a chair of its Labor Law Committee. Mr. Perecman’s achievements have brought him recognition as an Honoree in the National Law Journal’s Hall of Fame, in New York Magazine’s “The Best Lawyers in America” and The New York Times Magazine “New York Super Lawyers, Metro Edition”.

The Firm has recovered millions of dollars for its clients. Among the more recent victories, Mr. Perecman won a million verdict* for a construction accident, a .35 million dollar verdict** for an automobile accident, and a million dollar structured settlement for medical malpractice.

*later settled while on appeal for .940 million

** later settled for .5 million


Be the first to comment - What do you think?  Posted by - December 21, 2010 at 7:14 pm

Categories: Personal Injury Lawyer   Tags: , , , , , , , , , , , , , ,

Could I get a lawyer to take this case Pro Bono?

Question by italiandudeinchicago82: Could I get a lawyer to take this case Pro Bono?
I was in a “behavior modification” program out in Montana. The school is involved in a class action suite being sued for over 150 million dollars, for abuse, neglect, child endagerment, fraud, and a host of other charges. I joined a class action suite but I am not happy with the law firm, I don’t think theyre making any progress. I want to get dropped off the class action suite and bring a suite on my own. I was wondering if this sounds like a suite a lawyer may take pro bono?

Best answer:

Answer by wizjp
Why the hell would an atty take on a big money pay out case pro-bono?

MIGHT get lucky and find one willing to take a little cash and work on a contingency

Add your own answer in the comments!

4 comments - What do you think?  Posted by - November 29, 2010 at 3:21 pm

Categories: Pro Bono Lawyer   Tags: , , , , ,

How can it be falsely imprisoned Illegal could be awarded punitive damages in Martin Memorial case?

Question by I’m gonna start another riot: How can it be falsely imprisoned Illegal could be awarded punitive damages in Martin Memorial case?
STUART — A judge Monday ruled that if a jury finds Martin Memorial Medical Center falsely imprisoned an illegal immigrant in 2003 by repatriating the brain-damaged man to his native Guatemala, it may consider awarding punitive damages against the hospital.

After hearing from attorneys representing Martin Memorial and former patient Luis Jimenez and his Indiantown guardian, Montejo Gaspar Montejo, Senior Circuit Judge James Midelis ruled there was a sufficient factual basis for the lawyers to assert a claim for punitive damages, generally awarded to punish an offending party.

“I may be addressing that after I’ve heard the evidence to see if that’s still the case,” Midelis announced.

But the anticipated three-week trial, slated to begin Tuesday, was put off until Monday after attorneys for Montejo said he was in Guatemala attending a family funeral and would be unable to attend jury selection.

Midelis determined that if a jury was empaneled without the plaintiff Montejo being present, it could amount to reversible error, which could force a retrial upon appeal.

Martin Memorial is being sued for a claim of false imprisonment related to their decision to deport Jimenez July 10, 2003, following two years of medical care for a traumatic brain injury, costing the nonprofit hospital about $ 1.5 million.

About 125 prospective jurors are expected to be questioned beginning Monday, followed by a second group of 100 on Tuesday.

Posted by Tiger8221 on June 23, 2009 at 10:22 a.m. (Suggest removal)

I really don’t understand how they can say the hospital “imprisoned” him. The hospital took care of him for 2 years without ever receiving a penny for his health care. Why should legal American citizens be responsible for paying for the illegals who come here and take advantage of everything. This is part of what is wrong with this country’s border patrol guidelines. I do feel bad for what has happened to him, but what would have happened if it were him who caused the accident and killed or seriously injured a child? Would he be getting sued right now? Would the family ever have any hope of recouping their money? Would he be in jail? Probably not. He would have gone back to his native country. He nor his family have put out any money to pay for this $ 1.5 million bill. I don’t think it was the hospital’s fault he got into an accident. Maybe if he weren’t illegaly driving a vehicle, it wouldn’t have happened. If the jury/judge wants to award him the money, fine. Make it payable to the hospital since that’s who he owes for his medical care.

Best answer:

Answer by StoneCold
Gee, I’ve been selected to do jury duty several times, and the plaintiff was never present when selection was made. Why does this party or his attorneys seem to think that he must be present for selection? That BS does not make any sense at all.

Secondly, I agree that if there is any award for money, it should go to the hospital. Because if it goes to anyone else, his guardian, and surviving family members, the hospital will never see the money it costs them to attend to the man. Nor will they be able to recoup it.

I find these kinds of lawsuits BS.

Give your answer to this question below!

3 comments - What do you think?  Posted by - November 20, 2010 at 10:13 am

Categories: Brain Injury Lawyer   Tags: , , , , , , , , ,

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