Wednesday, March 5, 2014

White Collar Rings

I don't think there is any distinction of collars and colors when it comes to crime but in America it is almost always about color and that has little to do with the ring around your collar. But it is the color of said collar that can and most often does make a difference when it comes being Prosecuted and persecuted by the halls of Justice.

I was looking into the ongoing issues with regards to Prosecutorial Misconduct and their roles in the conveyor belt of justice when I read Radley's Balko's blog today, he had the rare if not "what the f*#k" article about a Prosecutor who apologized for their role in the disservice of justice. That article is here but it also is a rare moment for anyone in any position of authority to apologize, unless according to Andrew Ross Sorkin, NY Times columnist and chief apologist to say otherwise. Perhaps in the finance world the faux apologies make up for the faux if not bizarre analogies to Nazi Germany and other interesting bon mots levied by the 1% to excuse their arrogance and greed.

But in the real world where the Poors are tried and convicted prior to ever setting foot in the Courtroom, which again the access and ability to do so is also governed by the money you pay to hire the Attorneys you buy to argue Justice, file motions and actually well not really do anything but hire more experts and others to somehow prove that the rich person did nothing that the poor person would be in the slammer for regardless of the nature of the crime. Kerry Kennedy's DUI trial is a prime example.

And if you think that is limited to the Criminal courts, think again. The Rich are busy orchestrating private courts for civil issues as well. Nothing says Justice and transparency more than secret court proceedings.

And then I read about the case of Tyrone Gilliams, who was rich but also black. He seems to be a cross between Bernie Madoff and Jordan Belfort, the Wolf of Wall Street, only with a hip hop edge. And in white America that hip better not be hopping or stopping when it comes to crime. It appears that Mr. Gilliam was a "person of interest" for quite some time and if not that crime he was certainly guilty of something. Perhaps being rich while black.

This is a brief description of the case:

On February 18, 2014, in the Second Circuit Federal Court of Appeals, Tyrone Gilliams filed a motion revealing that an affidavit hidden from the defense by federal prosecutor AUSA David Massey clearly shows Gilliams’ innocence. The affidavit demonstrates that Gilliams, a prominent Philadelphia based entrepreneur, philanthropist and event promoter did not devise the scheme to defraud investors for which he was sentenced to ten years in prison last fall.

The previously withheld affidavit from the alleged victim, David Parlin, demonstrates that the scheme involving U.S. Treasury Strips, for which Gilliams was convicted, was actually entered into by Parlin with another individual, Vassilis Morfopoulos, and confirms that Gilliams never even met his purported victim.

In May of last year, the New York Times editorialized that “it might seem obvious that prosecutors with any sense of fairness would inform a defendant’s lawyer of evidence that could be favorable to the defendant’s case. But in fact, this principle, known as the Brady rule, has been restricted by subsequent rulings of the court and has been severely weakened by a near complete lack of punishment for prosecutors who flout the rule.”

And the best part of this is that David Massey has since left the Federal Prosecutors' office for the white shoe law firm of Richard Kibbe. Too rich, too ironic if not too funny. There might even be a pun somewhere in there.

But this is not the first time Mr. Massey also made the pages of the paper of the New York Times although more specifically the illustrious Wedding Pages.

Ah yes from the grounds of Yale to the halls of Government to the White Wedding to the White shoe law firm defending White Collar Criminals. It all seems so rich and fabulous it must be nice to be surrounded by all that which is clean and white. Careful with white it shows dirt easily.

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