Ebook Three Felonies a Day: How the Feds Target the Innocent
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Three Felonies a Day: How the Feds Target the Innocent
Ebook Three Felonies a Day: How the Feds Target the Innocent
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- Sales Rank: #1978169 in Books
- Published on: 1994
- Binding: Paperback
Most helpful customer reviews
4 of 4 people found the following review helpful.
Governmental Overreach
By Sue
Alan Dershowitz writes in the preface; “Silverglate believes that we are in danger of becoming a society in which prosecutors alone become judges, juries and executioners because the threat of high sentences makes it too costly for even innocent people to resist the prosecutorial pressure.” The book is a stunning re-cap of tales of government overreach eventually overturned after years of court battles.
Although the book was written before many of todays scandals it brings clarity to much of what is happening today. “Because our attorney general-unlike any official in other governments-plays these dual roles of political adviser and prosecutor, no one holding that job can be trusted to investigate, if necessary, prosecute the president or other high-ranking members of his or her and the attorney general’s administration. He or she would be in a clear conflict of interest, and the perception of unfairness would cloud any decision.” Governmental intimidation is rampant and, according to Slategate, many companies and individuals accept plea bargains to avoid horrific legal expenses and possible lengthy jail time. The book is full of examples of innocent men, women and companies ruined by over zealous federal prosecutors looking for stardom or a career boost.
I found especially interesting the segments about Michael Milken, Martha Stewart and most intriguing Arthur Anderson tale of woe. “The DOJ’s scapegoating of Arthur Anderson is a horror story that, despite the accounting firm’s Pyrrhic victory in the Supreme Court, almost certainly will be repeated again and again in other corporate and professional sectors of civil society.”
The book is fascinating but a hard to read. I found myself running to the dictionary every so often. The book will make you mad and sad at what has become of our once great nation.
3 of 3 people found the following review helpful.
"Show me the man and I'll find you the crime." -- Lavrenti Beria, head of Stalin's KGB
By Paul Froehlich
Citizens who believe they are law-abiding may, in the eyes of federal prosecutors, be committing three felonies each day. That’s the thesis of this book by Harvey Silvergate, an experienced criminal lawyer. In the foreward, Alan Dershowitz agrees with Silvergate’s contention that federal prosecutors abuse their power by going after law-abiding people whose conduct is arguably covered by extremely vague criminal statutes for conduct the accused believes to be lawful.
When statutes are broadly written, it is difficult for citizens to understand exactly what behavior is criminalized, but it provides wide discretion to prosecutors. For law to be fair, the line should be clear, argued Justice Oliver Wendell Holmes. According to Silvergate, that principle of fair warning is violated every day by the Feds.
Beria and the Soviet Union used criminal law for political purposes. There is the temptation for political prosecutions in the USA because of the nature of the institution. The US Attorney General is a presidential advisor as well as chief prosecutor. The AG's political role can create an appearance of political prosecution. In other republics, the two roles of the AG are divided among two offices: only in the US have we politicized the role of prosecutor, at the federal, state and county levels. Being a prosecutor is a political stepping stone to higher elective office, (e.g. Jim Thompson), so winning counts because voters reward winners, not justice doers.
Most of the book consists of cases of prosecutions under dubious legal circumstances. One case is that of Raul Martinez, who was a popular mayor of Hialeah and a Democrat in South Florida, where Claude Pepper was the veteran congressman. Martinez was a potential candidate for Congress once Pepper died; so was Republican Ileana Ross-Lehtinen, whose husband Dexter Lehtinen, the US Attorney, indicted Mayor Martinez in 1990. Though Martinez ended up with no convictions, (one overturned conviction and two hung juries), his career was derailed and he did not run for Congress until 2008, when his legal troubles were used against him and he lost. Meanwhile, Ross-Lehtinen has served in Congress for a quarter century.
Another case is that of Mayor Kevin Hagan White, the popular leader in Boston during the 1970s and 80s. Reagan appointed William Weld the US attorney in 1981, and he targeted White. Though White also ended with no convictions, he called an end to his career. Weld parlayed his crusading prosecutor's image to the governor's office in 1990.
These cases remind me of the 2012 indictment of state Rep. LaShawn Ford of Chicago. He was charged with 17 felonies for bank fraud that carried a potential penalty of 30 years in prison and $1 million fine. Ford insisted the charges were bogus, and all 17 counts were dropped in 2014 in return for Ford’s guilty plea to a single misdemeanor for evading $3,782 in taxes. He got six months probation and a small fine. Observers suspected the previous U.S. Attorney had singled out Ford because he is a politician. Ford was the only customer of a failed bank to be indicted, even though, per Ford’s lawyer, white customers had engaged in more of the same behavior that prosecutors claimed was a felony when Ford did it.
There is ample evidence of partisan prosecution during the Bush 43 administration, when the DOJ opened investigations on seven times more Democrats than Republicans. Gov. Don Siegelman of Alabama was a high-profile victim of partisan prosecution. The most popular Democrat in modern Alabama history, Siegelman was indicted in 2005 for doing something that any Republican governor or president has done. The federal prosecutor was the wife of a top GOP official who had run the campaign of Siegelman's GOP opponent.
The governor favored a state lottery to fund education, and a businessman donated to pro-lottery campaign, not to Gov. Siegelman, who later re-appointed the donor to a nonpaying commission on which he had been serving during the terms of three previous governors. Prosecutors alleged the donations constituted a bribe, led to theft of honest services and violated RICO. President Bush had appointed to ambassadorships 146 people who had donated or raised $100K to his campaign; yet not one of these appointments triggered a federal probe. Fifty-two former state AGs from both parties signed a petition protesting the "politically motivated double standard" in prosecuting Gov. Siegelman. He was convicted in 2008 trial by a judge who was a former GOP party official. Though some counts were thrown out on appeal, Siegelman is currently serving a five-year prison term.
Arthur Anderson (AA) used to be one of the nation's top five accounting firms, but is now defunct because the DOJ scapegoated Enron's accountant. Though the Supreme Court ultimately ruled in AA's favor, it was a Pyrrhic victory because the company was already dismantled.
AA was targeted as the way to nail Enron, since AA was the accountant. AA refused a deal offering deferred prosecution in return for cooperating against its client Enron. AA was indicted under the pliable obstruction statute, which charge effectively destroyed the firm since no company can employ auditors under a cloud. The Supreme Court unanimously overturned the conviction and blamed DOJ and Congress for the destruction of an innocent firm. Justice Kennedy said the DOJ's sweeping definition of crime could cause problems for every business in the nation.
The Founders believed the only legitimate power is a limited one. They recognized that the power to indict, convict and punish is a potential engine of injustice. Consequently, the Founders embedded various limits upon federal power in the Constitution. Some of those limits have been eroded, and history shows prosecutorial power is sometimes abused.
Silvergate proposes a fix. The press is too gullible, he asserts, except when press freedom is at stake. The press is eager to cover the "perp walk" and to publicize the prosecution's viewpoint – in short acting as the government's uncritical cheerleader. Journalists should be more skeptical when covering testimony from witnesses who are under threat or incentive to not just sing but to compose.
It's legalized bribery, argues Silvergate, to reward witnesses whom DOJ deems sufficiently cooperative with lower sentences or dropped charges: Truth may well be compromised when a witness wants to avoid years behind bars and must please prosecutors to do so. Judges likewise ought to be more skeptical about coerced testimony and less willing to reward it.
The ban on ex post facto laws should be rejuvenated to apply to new interpretations of existing laws that deprive the public of due notice about what conduct constitutes a crime. This is especially needed where the law is vague, and judges themselves labor to discern what it covers.
Judges should again take more seriously the constitutional right to due process, using it to invalidate convictions based on laws so vague that people of ordinary intelligence can't tell what conduct is proscribed. As Justice Scalia said referring to DOJ's arbitrary use of the theft of honest services statute: "It is simply not fair to prosecute someone for a crime that has not been defined until the judicial decision that sends him to jail." Fortunately, a majority of justices agreed in June 2010 , after this book was written, in narrowing the application of the theft-of-honest-services statute.
The Chicago Tribune runs editorials urging that county prosecutors be given the tools enjoyed by their federal counterparts. Editors ought to explain why to Rep. LaShawn Ford and to the 28,000 former employees of Arthur Anderson. ###
0 of 0 people found the following review helpful.
Soo far so good, took me longer to get pass all of ...
By Betty Boyd
Soo far so good, took me longer to get pass all of the acknowledgments than I thought(88) and Introduction so I am just getting into the real meat -Very interesting reading!!!
Question: Do you have a soft bound copy of: Walking with the Lord by Christine A. Dallman and Marie D. Jones?
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