Showing posts with label Prosecutor. Show all posts
Showing posts with label Prosecutor. Show all posts

Thursday, 7 July 2011

A Closer Look at Paul Bergrin, Former Federal Prosecutor Accused of Murder-for-Hire

Paul Bergrin

I’ll always be grateful to Paul Bergrin, the New Jersey federal prosecutor turned notorious criminal defense attorney. Thanks to him, I’ll never have to worry about being the most scandalous alumnus of the U.S. Attorney’s Office in Newark.

While working as an assistant U.S. attorney, I wrote a mildly snarky blog about federal judges, pretending to be a woman, until I outed myself in the pages of the New Yorker. That pales in comparison to what Bergrin stands accused of doing, including (but not limited to) the following: operating a real-estate scam, which defrauded lenders of over $1 million; running a high-volume drug dealership, which was apparently big enough to move 120 pounds of uncut cocaine; running an illegal escort service; and, most seriously of all, having witnesses murdered to keep them from testifying against his clients.

It’s hard to believe that Paul Bergrin was once a federal prosecutor. It’s not hard to believe that he is, in the words of New York magazine, “The Baddest Lawyer in the History of Jersey.”

But let’s recall that the charges against Bergrin are just that — charges, which Bergrin disputes. Last week, represented by prominent defense lawyer Lawrence Lustberg, Bergrin appeared in federal court in Newark and pleaded not guilty to all 33 counts in the 139-page indictment. Bergrin’s trial is currently set for October 11 before Judge William J. Martini.

In light of the astounding charges leveled against him, Paul Bergrin has taken on a larger-than-life aura — the man, the myth, the legend. What is he really like?

A New Jersey lawyer wrote to us to with her reflections on Paul Bergrin. Although she had only a brief encounter with him, even that fleeing interaction was revealing. It offers an interesting look at what Bergrin was like before he was (in)famous.

She begins with context and comparisons:

[W]hat I mostly remember about Paul Bergrin was an aura of dangerous mystique — which I’m sure was carefully cultivated. As you know, defense lawyers can be colorful characters, and many of them take pride in their own idiosyncrasies, the idiosyncrasies of their clients, or, in essence, anything that sets them apart or bolsters their secret (and sometimes not-so-secret) view of themselves as cowboys — in a way, outlaws by proxy.

For example, Jerry Ballarotto always wore cowboy boots and often a sported a bolo (and, to answer your unasked question, I believe he was from a Southern jurisdiction known as “Trenton,” not Texas); Phil Sellinger was known for living in a spectacular mini-mansion once occupied by a high-end brothel, complete with “themed” rooms, the descriptions of which grew more salacious with every retelling; one lawyer I knew would often mention the time that a client delivered a high-end sports car as “a show of appreciation”; and any lawyer who had been on a client’s private plane found a way to refer to it constantly, even if it required a less-than-relevant “this one time, at band camp”-style non-sequitur.

Well, to be fair, riding in a client’s private jet is pretty cool. I get excited every time I’m upgraded while flying commercial.

In short, defense lawyers are an egotistical crowd. Studies show that trial lawyers have higher testosterone levels than their office-bound colleagues, and I would guess that criminal defense lawyers are probably outliers even in the high testosterone crowd. I wouldn’t be surprised if they pioneered the narcissistic practice of Tweeting pictures of their “bulging” cocks.

Hey, if you’ve got it, flaunt it. Every criminal defendant wants a lawyer with cojones (a la Jose Baez).

It is in this context that I remember Bergrin as a shadowy figure, almost as if that was his shtick. As you know, the USAO in New Jersey has many distinguished alumni (Justice Alito, Secretary Chertoff, David Lat, half of the state’s federal judiciary), as well as many who are less famous but no less notable, and inspire the same level of institutional pride. Amongst these luminaries, Bergrin was a Prince of Darkness of sorts — like the comic book character who, whether by disillusionment, exposure to radiation, or some other corrupting influence, has gone to the dark side. He is the most potent enemy of the superhero: he has seen the Playbook of Virtue, and knows how the good guys tick; he has been virtuous himself, and rejects it as a way of life. He is just like us, but casts doubt on our core values.

Bergrin as fallen hero, as villain? He certainly looks the part. In the words of Mark Jacobson of New York magazine, Bergrin was known for “swank Brioni suits offset by a skeevy pencil-thin mustache.”

Now, on to our tipster’s encounter:

I remember meeting Bergrin at an informal bar gathering somewhere in New Jersey. It was a hard-drinking affair, around the holidays, I think, and the crowd was pretty animated. I went outside to hunt for a cigarette, and he had just pulled up in an ostentatious car. I don’t know whether it was the Bentley that he would drive around Newark, but it was something flashy enough to stand out in a lot filled with outward representations of the average New Jersey lawyer’s midlife crisis.

I recall asking Bergrin for a cigarette, because he looked like someone who would smoke. He also looked like someone who would call a woman a “broad” or a “dame,” and who would touch your elbow while politely holding a door open, before moving his hand to your tit or ass. In fact, because he had the kind of mustache more common to teenage Latino boys who stand on the street corner making kissy noises and yelling, “Heyyyyy, Ma-mi!,” I would always wonder, when I saw him, whether someone had brought their sex offender to the event in lieu of a date.

Anyway, I don’t remember whether Bergrin gave me a cigarette, but I remember him lighting mine with a flourish. I also remember him looking at me as though I was a pork chop, like the hungry character in a cartoon, to whom everything appears as a cut of meat. It didn’t seem like he wanted to undress me; rather, he came across as a guy who wouldn’t bother with a fantasy that didn’t involve coming in your face.

I also remember him talking tough, and non-specifically, about his army days — something having to do with how he WOULD, just that once, light my cigarette with a lighter, but he COULD light it with a fire started some other, more manly way. Something probably learned in jump school, which could be used if you had to bail out of a plane and fight the Cong with your bare hands and the last washer left from the wreckage, or some s**t.

Years later, I heard that he was fighting a mysterious form of cancer. I imagined him fighting it, shirtless and with a bullwhip in hand, and not a black, oily hair out of place.

Former prominent Newark lawyer pleads not guilty to 33 counts including murder-for-hire [Newark Star-Ledger]
The Baddest Lawyer in the History of Jersey [New York Magazine]

Earlier: Prior ATL coverage of Paul W. Bergrin


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Wednesday, 6 July 2011

Lawyer of the Day: Prosecutor Has A Nutty After A 60-Hour Work Week. Poor Baby!

With the discussion of heavy Biglaw workloads still fresh in our minds, let’s remember that most attorneys understand the law is a rigorous profession. Lawyers don’t expect to work 9-to-5 hours. Most lawyers aren’t going to freak out when they have to put in a long week.

At least on the East Coast. Maybe, up in the Pacific Northwest, lawyering is a different thing entirely. Maybe it’s a regular, working man’s job, where you “punch in,” “punch out,” and take a precise hour-long lunch away from your desk every day. And maybe northwestern lawyers get so used to this workaday schedule that when they find themselves in the middle of a long week, and the specter of weekend work is staring them in the face, it’s totally usual for them to lash out at opposing counsel with displaced anger.

Or maybe this one prosecutor is just kind of a prick?

Willamette Week picks up the story of Washington prosecutor Jim David:

On March 3, a Clark County sheriff’s deputy arrested 29-year-old Matthew Coonce in Vancouver [WA] for possession of meth and stealing a car. He pleaded not guilty.

On May 25, Coonce’s attorney, John Terry, pushed for Coonce’s case to go to trial the following week. That took the prosecutor, David, by surprise.

The next day, David left Terry a profanity-laced, two-minute voice-mail message in which he complained that going to trial would force David to “cancel my weekend.”

“You’ve been telling me you wanted a continuance on the goddamn case, and now you are telling me you want to go to trial next week.

That’s bullshit,” the prosecutor said in the message. “I’m fucking laying you out…. It’s coming out of your client’s hide if I have to go to trial next week, and there ain’t going to be no stinking offers, there ain’t going to be nothing coming other than go to prison for a very long time.”

Whoa dude. No need to Hulk-up just because you have to work the weekend.

David admitted what he did and apologized for the outburst, furnishing this explanation for this behavior:

David, a 27-year prosecutor, says that when he left the message, he was working extra hours to open an elder-abuse center in Clark County. He called his outburst an “aberration.”

“You try working 60 hours a week,” David says. “I hope you understand the frustration, but that was not the right thing to say…. It was not a high point of anyone’s career.”

Is David talking about 60 billable hours, or is he just getting frazzled because he’s had a series of 12-hour days? Does it even matter? If you can’t keep your composure because you have 60-hour work weeks, you might be in the wrong profession.

Not that this kind of “intense” pressure will necessarily be part of David’s job description going forward. The Seattle Times reports:

A Clark County senior deputy prosecutor has been demoted for leaving a profanity-laced voice mail message on a defense attorney’s cell phone.

Prosecutor Tony Golik said Wednesday he demoted Jim David to deputy prosecutor and expects all deputy prosecutors to act in a professional manor.

The story says David is a 27-year “veteran” of the prosecutor’s office. Maybe if he had been willing to put in a few more long weeks, he could have made it in private practice, where this kind of behavior gets you promoted.

Rogue of the Week: Jim David [Willamette Week]
Clark County prosecutor demoted for rant [Seattle Times]


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