Friday, March 8, 2013

Au Contraire





Shame on me. With the whole South Bend thing, I thought The Chief might not follow up regarding Maria Elena's "transgressions." But he is The Chief for a reason.

DOM broke the story and links Judge Moreno's order.

What I like most about the order is the "cc" list, which failed to include only:

-Santa Claus
-The Jedi Council
-Dean Wormer
-The Lone Ranger
-All others charged with enforcing Truth and Justice.

The order upholds the integrity of the Federal Bar. Methinks someone is in deep trouble.

Where is the Miami Herald on this story? This is the second significant newsworthy development it ignores.

N.B. Was that Judge Barzee Flores holding the flotation device at the Venetian Pool, on SFL's prior post?

33 comments:

South Florida Lawyers said...

GB, I think it is very important the Library be informed of this investigation.

Anonymous said...

Which library is it?

Anonymous said...

She needs to be sanctioned. Read this:

http://sportsillustrated.cnn.com/college-football/news/20130306/shapiro-ncaa.ap/

Anonymous said...

People demonstrate incredible restraint when her picture is posted. Restores my faith in the maturity of the Bar.

Anonymous said...

@12:23am: that was the sweetest softest smoothest velvet glove slap evah. The mature Bar has taken notice that you were the first to bring it up. Thanks for playing.

Rumpole said...

Nice Pic of Mary Barzee in prior post. I think I first saw it in Hector's office on the wall.

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Anonymous said...

The Herald. HAHAHAHAHAHAHA.

Anonymous said...

Disbarred. No on can believe a word she says . There is little distinction between her and Shapiro . Who believes so much in a scumbag like Shapiro? It's strange.

Anonymous said...

Who IS this person? I think she likes the attention. And lechon asado.

Anonymous said...

Moreno is the Chief because he's a thug:

John B. Thompson, J.D., M.A.
5721 Riviera Drive
Coral Gables, Florida 33146
305-666-4366
amendmentone@comcast.net

March 14, 2013

All Members of Ad Hoc Committee for Attorney Grievance, to-wit:
Attorneys Payne, Becerra, Cartwright, Davis, Lindsey, McCabe, Olin, Rodriguez,
Burlington, Caridad, Gabrielle, Garcia-Linares, Gilmour, Kafka, Korchin, Lehr,
Stumphauzer, and Valle
U.S. District Court for the Southern District of Florida
Miami, Florida Via e-mails to Committee's Respective Members

Re: Maria Elena Perez, Attorney for U of M Whistleblower Nevin Shapiro

Greetings:

Ten days ago Chief Judge Federico Moreno signed an Order referring to your Committee for "review" the conduct of attorney Maria Elena Perez in a matter pertaining to Nevin Shapiro's testimony as to alleged NCAA rules violations by the University of Miami.

The American Bar Association, with its historic McKay Commission Report, identified this type of disciplinary venturism as inappropriate and fraught with peril, as will be more fully explained below.

Additionally, this is not the first time that Judge Moreno has abused his judicial authority and violated the rights of United States citizens who happen to be lawyers in order to punish those who have blown the whistle on wrongdoing.

Anonymous said...

A few years ago, I alerted Judge Adalberto Jordan here in the Southern District of Florida to trafficking in material of what Jordan himself called (his characterization) "obscenity." What did Judges Jordan and Moreno do? They referred me to your Ad Hoc Committee in order to try to intimidate me, a whistleblower, because my whistle blowing as to obscenity trafficking inconvenienced certain powerful entities near and dear to these two jurists. I was successful in making sure this abortion of justice was stillborn by proving that these two judges were acting without authority to do this, and the matter was dropped when I blew the whistle on this judicial nonsense.

Chief Judge Moreno was not done with abusing his power as to me. Upon the specific direction of certain Deputy U.S. Marshals in the Ferguson Federal Courthouse, I hand-delivered an emergency motion to Judge Moreno's law clerk without incident. The next thing I know, I have other Deputy U.S. Marshals in my Coral Gables living room interrogating me about my "threat" to courthouse security by hand-delivering, per their own office's direction, my motion to chambers.

The Deputy U.S. Marshals who paid me this Judge Moreno-directed visit indicated they were embarrassed to be there because they knew I posed no threat to anyone, as indicated by the fact that at the very moment I could have acted upon any impulse to do harm to anyone, I pleasantly handed the emergency motion to Judge Moreno's law clerk, who thanked me for it.

Anonymous said...

Not satisfied with the unsuccessful intimidation of the undersigned, conjured up because of the content of the motion not its means of delivery, Judge Moreno directed that in any subsequent visits to the federal courthouse, in which I had pending litigation, I would have to be accompanied by an armed Deputy Marshal. I would not even be allowed to file papers in the Clerk's Office without an armed escort.

One of the Deputy Marshals said at the time: "Moreno is a total jerk. You ought to sue his a--." Those who have to deal with him know what is going on here.

And now Chief Judge Moreno has another person facilitating whistle blowing in his crosshairs by his dumping this matter onto your laps. Note, as to the Perez matter:

Federico Moreno is a graduate of the University of Miami Law School, whose alma mater's interests are obviously involved in this matter in which Ms. Perez has assisted her client in providing the NCAA information as to its Athletic Department's alleged rules violations.

Judge Moreno's wife is also a graduate of "The U." At least six of the members of your Ad Hoc Committee, according to public records, are graduates of the University of Miami, with one among you teaching there.

None of you with these institutional connections to "The U" can serve on this Committee as to this matter. Judge Moreno, if he wanted a fair result and just as importantly, if he wanted the appearance of a fair result, would have properly recused himself from this matter given his and his wife's ties to "The U." He should have asked another judge with no such ties to ponder a possible referral. But, no, this might result in an unacceptable result.

Anonymous said...

Even the wording of the Order of Reference gives Judge Moreno away. He begins by reciting another earlier matter altogether pertaining to Ms. Perez in order to make the unfair, unwarranted implication that Ms. Perez has likely acted unethically. It is a smear. It is a transparent poisoning of the well.

Note further in that regard that the language in the Order is loaded, loaded with the assumption that Ms. Perez has likely acted improperly:

"Recently the Court has learned that Ms. Perez has engaged in conduct that warrants additional review by the Committee." Not "alleged conduct." Not alleged conduct that "may warrant" review. And not de novo review, but rather "additional review," with the intended inference to be drawn by your Committee that Judge Moreno has already reviewed the matter (he has not) and that you are welcome to agree with his obvious findings of guilt in that regard after a further review that he implies occurred but did not occur.

We're in Alice in Wonderland country, folks: First, you're guilty, then we shall have a trial.

And in the penultimate paragraph of the Order, Judge Moreno does not give your Committee the option not to review the matter, as that threshold question is properly left for the Committee and not for the Judge. You must engage your regulatory gears.

You would think an Article III judge who happens to be, of all things, the Chief Judge of this District Court, would be more sensitive to the rights of a successful lawyer, not the least of which is the right to be presumed innocent. Judge Moreno has all but brazenly said she is guilty. That is the only reasonable inference to be drawn.

Anonymous said...

I have something else in common with Mr. Perez, which explains in large part why I write, as a former attorney, to alert you that you are being led down the primrose path by a Chief Judge who has an undisclosed but identifiable agenda he is pursuing:

I too have twice, years apart, been interviewed and interrogated by the NCAA as to what I knew and know of rules violations by this at times out-of-control school. I love the performance of "The U's" athletic teams on the field. I do not love the lack of institutional control that Randy Shannon and before him Dennis Erickson, and others, exploited.

So I told the NCAA what I knew. Ask Butch Davis if he wished he had listened to me rather than the University when he was contemplating coming to coach here. I had told the NCAA what I knew. Butch Davis had to live with what the NCAA knews and the University did not tell him before he came here.

In short, there seems to be within the psyche of some humans the compulsion to punish those who are bearers of bad news, especially when it is grounded in fact. That is why we have state and federal laws protecting whistleblowers.

Ms. Perez is now the target of that impulse as I have been, targeted by the very same Chief Judge whose ties, along with his wife's, disqualify him from all of this. The larger incestuous relationship between this District Court and the University of Miami could not be closer and more impactful upon the rights of certain people who inconvenience that "Club." Judge Adalberto Jordan is sitting now on the Eleventh Circuit Court of Appeals because of his skill, yes, but also in large part because of the influence of this "Club."

Anonymous said...

You all get caught up in the gyrations of this Club at your expense and more importantly at the expense of the practice of law in this part of the world. United States Supreme Court Justices have repeatedly stated that just as important as the "independence of the judiciary" is the "independence of the bar." Lawyers must be free to pursue the truth zealously. Zeal can serve justice. What did Ms. Perez do? She helped a whistleblower tell the truth. How awful of her!

And what would Judge Moreno have you do in response to her helpful zeal? He would have you proceed on the cleverly crafted assertion that Ms. Perez is guilty of something. It is he who is guilty of stacking the deck, with you as the cards to be played, against her.

Where is U of M President Donna Shalala in all of this? She should want the whole truth, all the facts, told to the NCAA by whatever means. That is what she said initially. But what is she saying now. This is from Fox Sports:

"Did you see what she [Shalala] said? She isn't even denying Miami's sleazy involvement with Shapiro. Instead she is taking the classic defense: My accuser has no credibility."

http://msn.foxsports.com/collegefootball/story/donna-shalala-miami-can-win-fight-against-ncaa-president-mark-emmert-nevin-shapiro-lack-of-institutional-control-022013

It is now shoot the messenger and shoot the messenger's lawyer. How absolutely foolish.

Yesterday the world got a new Pope. Pope Francis, as a priest, as an archbishop, and as a cardinal, spoke often and eloquently of the corruption of entrenched powers and bureaucracies. His Jesuit training taught him that truth. He takes his name from St. Francis, who took the entrenched power of the Roman Catholic Church head-on. Judge Moreno and you all would do well to ponder all of this, for in identifying the self-serving of those in power, we are reminded of that Jesus of Nazareth saw that and dealt with that in the Pharisees of His day.

Anonymous said...

Ms. Perez has sought to serve the truth here. What will you serve?

Finally, a word about what the American Bar Association has had to say about disciplinary stunts like this one:

In 1992 the American Bar Association received from its duly-appointed McKay Commission a Report entitled "Lawyer Regulation for a New Century." It concluded that state bar disciplinary structures that allow lawyers rather than purely judicial officials to participate in any fashion whatsoever in bar discipline are fatally flawed and prone to political influence and corruption.

The first and most important listed recommendation of the ABA's McKay Report, which was adopted by the ABA's House of Delegates, is that there MUST NOT be disciplinary committees such as yours making preliminary or subsequent findings as to alleged lawyer misconduct. Why? Because lawyers have loyalties that infect, pollute, and derail fair inquiries into alleged lawyer misconduct. The ABA says there must be a "Chinese Wall" constructed between lawyers and lawyer discipline. Period.

The Florida Bar has chosen to ignore this finding of the ABA, as The Florida Bar has well-connected Bar Governors sitting on each and every Grievance Committee. This fatal flaw is why Florida is one of the very few state bars that has refused to have an audit by the ABA of its disciplinary bar-infected structures.

This Ad Hoc Committee is even worse than ABA-indicted Florida Bar: You have eighteen well-connected lawyers deciding the fate of Ms. Perez, with not even any public members sitting on your latter-day Star Chamber.

Judge Moreno knows that. That is why he did not want The Florida Bar to initially act on this, because its result might be favorable to Ms. Perez. He know that The Bar can't have a probable cause determination by his May 8, 2013 deadline he has imposed upon you.

Anonymous said...

It is not possible to conjure up an Ad Hoc or any other kind of Committee that violates more clearly the findings and recommendations and warnings of the ABA. That is why Moreno has pressed you into service.

In fact, what Judge Moreno initially has done is even worse than anything even the McKay-violative Florida Bar would do to Ms. Perez in another regad. Bar complaints in Florida are mandated by Bar Rules to be confidential until and unless there is a probable cause finding by a Grievance Committee, which structure is clearly analogous to what your Committee is.

But what has Moreno done as to this confidentiality rule? He has signed an unsealed order telling the entire world (read the national news coverage as to this Order) that Ms. Perez has likely acted improperly. If she is exonerated, as she should be but now may not be, where does she go to get her reputation back?

No, Judge Moreno chose to enter an unsealed order, copied ominously to the "Florida Bar," so that the whole world would be informed of her new regulatory troubles for helping the NCAA get to the bottom of what was going on at the University of Miami.

One more thing needs to be said, which is so obvious that it can be overlooked and not remarked upon:

Chief Judge Moreno's Order doesn't cite a specific Bar Rule or even vaguely refer to one or some general guideline that has been breached. He just says Perez's actions and conduct "warrants additional review."

In light of what strictures of conduct, Judge Moreno? Put your name to what Rule or rules or guidelines you think she has broken.

Of course, Judge Moreno has not cited a Rule, because he could not come up with one. So what he has decided to do, on behalf of the "Club," is smear Perez with what amounts to a press release to the world that Ms. Perez is in trouble with the legal authorities, for some violation of some rule that somebody somewhere sometime will come up with.

Judge Moreno might as well have sent out a press release announcing Ms. Perez is an "enemy of the state."

Anonymous said...

That's what he did to me. I'm now pose a "terroristic threat" because I acted upon a Deputy U.S. Marshal's directive that I hand-deliver an emergency motion to Judge Moreno's law clerk. Maybe it is a crime in this District Court to look at Judge Moreno's football memorabilia hanging on federal walls unless one is in the "Club" and is there by engraved invitation.

What I and others do know is that you on the Committee are being pressed into service, by judicial fiat, to serve the troubled interests of the University of Miami.

I suggest you respectfully tell the overreaching Chief Judge that he is guilty of "unnecessary roughness" and "unsportsmanlike conduct." Throw the flag on this guy. It's time somebody did.

Former Chief Judge Zloch's suggestion that Chief Judge Moreno should resign was a prescient one, it seems. Leave the whistleblowers and their attorneys alone. Have we not more important things to address in this District, in this country, at this time?

Regards, Jack Thompson

Copy: NCAA President Emmert (The above is "The U's" latest retaliation against those trying to assist your investigation. Even Penn State did not pull this crap.)

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