Justia Legal Ethics Opinion Summaries

Articles Posted in U.S. 10th Circuit Court of Appeals

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Defendant-Appellant George David Gordon was a former securities attorney convicted of multiple criminal charges relating to his alleged participation in a "pump-and-dump" scheme where he (along with others) violated the federal securities laws by artificially inflating the value of various stocks, then turning around and selling them for a substantial profit. The government restrained some of his property before the indictment was handed down and ultimately obtained criminal forfeiture of that property. On appeal, Defendant raised multiple issues relating to the validity of his conviction and sentence, and the propriety of the government’s conduct (both before and after trial) related to the forfeiture of his assets. In the end, the Tenth Circuit found no reversible error and affirmed Defendant's conviction and sentence, as well as the district court’s forfeiture orders. View "United States v. Gordon" on Justia Law

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"By all appearances, Defendant Howard Kieffer had a successful nationwide criminal law practice." Defendant managed to gain admission to multiple federal trial and appellate courts across the country where he appeared on behalf of numerous criminal defendants. Defendant never attended law school, sat for a bar exam, nor receive a license to practice law. A North Dakota jury convicted Defendant of mail fraud and for making false statements. The jury found Defendant gained admission to the District of North Dakota by submitting a materially false application to the court, then relied on that admission to gain admission to the District of Minnesota, District of Colorado, and Western District of Missouri. The district court sentenced Defendant to 51 months' imprisonment and ordered him to pay restitution to six victims of his scheme. A jury in Colorado also convicted him of making false statements, wire fraud and contempt of court. The district court sentenced Defendant to 57 months' imprisonment to run consecutively to the 51 month sentence previously imposed on him in North Dakota. The court further ordered him to pay restitution to seven victims of his scheme unaccounted for in North Dakota, and directed him as a special condition of supervised release to obtain the probation office's preapproval of any proposed employment or business ventures. Defendant appealed his most recent convictions and sentence from Colorado, each based on his Sixth Amendment right to have the Government prove, and a jury find, all elements of the charged crimes beyond a reasonable doubt. Further, Defendant presented five challenges to his sentence, three of which bore directly upon the district court’s application of the Sentencing Guidelines. Upon review, the Tenth Circuit found that the record reflected that by the time of Defendant's actual sentencing, the district court had decided to sentence him within the advisory guideline range. The court then proceeded to calculate Defendant’s guideline range incorrectly on the basis of numerous procedural errors, both factual and legal. As a result, the court selected a sentence from the wrong guideline range. Accordingly, the Tenth Circuit vacated Defendant's sentence on Counts I and II of the superceding indictment and remanded the case for resentencing. The Court affirmed the district court in all other respects. View "United States v. Kieffer" on Justia Law

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Plaintiff-Appellant Susan Rose, a Utah lawyer, initiated the underlying federal lawsuit to challenge the constitutionality of state disciplinary proceedings brought against her by the Utah bar. She also sought a preliminary injunction to enjoin those proceedings. The district court denied the injunction, and while this appeal from the injunction decision was pending, it dismissed the underlying action. The Bar moved to dismiss the appeal, claiming it was mooted by the dismissal of the underlying action. Upon review, the Tenth Circuit agreed this appeal was moot, and granted the Bar's motion to dismiss. View "Rose v. Utah State Bar" on Justia Law