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Thursday, December 9, 2010

At Least One NY Attorney Respects "Misprision of Felony" Law

THE LAW: TITLE 18 - PART I - CHAPTER 1 - § 4. Misprision of felony

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.


MISPRISION - In its larger sense, this word is used to signify every considerable misdemeanor, which has not a certain name given to it in the law; and it is said that a misprision is contained in every treason or felony whatever. In its narrower sense it is the concealment of a crime. Misprision of treason, is the concealment of treason, by being merely passive for if any assistance be given, to the traitor, it makes the party a principal, as there is no accessories in treason. It is the duty of every good citizen, knowing of a treason or felony having been committed; to inform a magistrate. Silently to observe the commission of a felony, without using any endeavors to apprehend the offender, is a misprision. Misprisions which are merely positive, are denominated contempts or high misdemeanors; as, for example, dissuading a witness from giving evidence.

MISPRISION OF FELONY - Whoever, having knowledge of the actual commission of a felony cognizable by a court of the U.S., conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the U.S. 18 USC Misprision of felony, is the like concealment of felony, without giving any degree of maintenance to the felon for if any aid be given him, the party becomes an accessory after the fact.

Source: Leibell was "set up" by friend

The Journal News by Michael Risinit - December 9, 2010

CARMEL, NY — A friend, not an enemy, is the unidentified attorney that snared disgraced former state Sen. Vincent Leibell for federal investigators, at least three sources said. Leibell was "set up" by former Putnam County Attorney Carl Lodes, a Carmel lawyer whose relationship with Leibell stretches back to the 1970s, said a source who has known Leibell throughout the former lawmaker's career in public life. In court this week, federal prosecutors said they recorded and videotaped Leibell and Attorney No. 1, who is described as providing legal services to Leibell's nonprofit housing foundation and to "Putnam County government," walking and talking on a Carmel street. Prosecutors said Leibell urged that lawyer to lie to a federal grand jury about the cash kickbacks he gave the senator.

While federal prosecutors won't reveal Attorney No. 1's identity, two Putnam County officials also said it is Lodes. "Lodes cooperated with the investigation," said a county official with knowledge of the investigation. On Wednesday, Lodes, 62, wouldn't talk to a reporter or comment on whether he was the person who wore the wire that recorded Leibell. He was approached as he walked from his Volvo sedan to his Route 6 law office in Carmel. "I don't care why you're here. I'm not talking," he told a reporter. Leibell, a 28-year Albany politician, admitted in federal court Monday that he filed false tax returns and tried to influence a grand jury investigating him for corruption. Aware in April he was under investigation, Leibell met several times with Attorney No. 1. The attorney was subpoenaed May 17 to appear before the grand jury, according to court papers. The person who has known Leibell throughout his public life said Lodes appealed to their long-standing friendship and told the senator they needed to talk again. After several requests, he said, Leibell met June 6 with Lodes, who "got wired up." "You and I say there was never any cash relationship. Period. ... Since you and I are in agreement, it didn't happen. ... All I know is, as long as you and I are consistent, I'm fine, you're fine. There was never any cash between you and I, OK?" Leibell said, according to the U.S. Attorney's Office in White Plains. Leibell said in court that he failed to report $43,000 in kickbacks from attorneys who did business with the housing organization he founded in 1999 as well as from a partner in a Westchester County law firm that "provided legal services to the Putnam County government." Those outside legal contracts were executed by Lodes. "Apparently, Lodes paid Vinnie some cash," said the source who has known Leibell throughout his public career. Leibell's lawyer, David L. Lewis, didn't return a telephone message about Lodes' wearing the wire.

Lodes was county attorney from 1991 to early 2008, which covered the period federal investigators say Leibell extorted money from the unidentified lawyers. In June, investigators ordered the Putnam County Attorney's Office to turn over all records pertaining to hiring outside counsel and served a subpoena on Carmel for all documents related to legal services provided by Servino, Santangelo & Randazzo. The former law firm, which was paid hundreds of thousands of dollars by Putnam taxpayers, was based in Hawthorne. Anthony Servino's lawyer, Kerry Lawrence, declined to comment Tuesday, when asked if Servino was the lawyer whose firm made payments to Leibell. A second Putnam County official who has long known Leibell said he spoke with the senator following his court appearance, and the senator said Lodes was the person who wore the wire. "I didn't think he was angry. It was kind of just matter-of-fact," the second official said. Both Leibell and Lodes served as assistant district attorneys in the Westchester County District Attorney's Office. After the District Attorney's Office, Leibell became an assistant county attorney in Putnam before going into private practice about 1980. For 30 years, he shared a Church Street office with Carmel attorney Timothy Curtiss. Their firm went through several incarnations over the years, and Leibell's name was removed from their shingle in mid-November. That was in anticipation of his taking office as county executive Jan. 1, Curtiss said. Leibell won the executive race last month. Lodes for a time had an office inside the Church Street house where Curtiss and Leibell practiced.

The source who has known Leibell throughout the former lawmaker's career said Leibell and Lodes that spring day talked about their offices and how work was often referred to Lodes. Curtiss said Wednesday that work was sometimes sent to Lodes, but he had no idea of any of the dealings outlined by the government. "The only thing I've done is read the newspapers," Curtiss said. Putnam County Executive Robert Bondi appointed Lodes as county attorney, a move he stood by Wednesday. Bondi said he knew only the information he read in Leibell's court documents. But William Spain of Mahopac, Lodes' predecessor , questioned Putnam's costly use of outside attorneys. "As Putnam County attorney from 1987 to 1991, with the exception of insurance defense cases, we handled all matters in-house. That was also the practice of my predecessors. In 1991, (Lodes) started referring out most of the cases to Westchester County law firms who would pay lawyers on an hourly basis to drive to Putnam County and handle routine and simple cases. When I asked elected officials about this practice, I could never get a straight answer. Perhaps County Executive Bob Bondi knows," Spain said. Bondi said he couldn't "agree or disagree" with Spain's statement. State law prohibits the county from geographically restricting its search for vendors or materials, he said. The same should apply to attorneys, he said. MRISINIT@LOHUD.COM


disgusted said...

The lawyers I know like to excuse their failure to report criminal activity with the simple, and inappropriate, term 'confidential discussions,' etc. Start throwing lawyers and judges in jail for misprision of felony and you'll see a quick return to law and order in this country.

laughing at Santangelo said...

Does attorney Mike Santangelo have anything to say about crooked Westchester attorneys and judges. It was Mike's wife Lisa who was the "woman" on Big Al Pirro's boat! You remember. the one Jeannine Pirro wanted Bernie Kerik to bug!

realist said...

Keep dreaming.....
You know why the corruption in the legal community will never change. When a thug attorney who goes to prison gets his law license back because his mobster friends are in control. Exhibit A:

Registration Number: 1410703
1 N LEXINGTON AVE FL 15TH,WHITE PLAINS, NY 10601-1712 United States (914) 287-6444
Year Admitted in NY: 1975, Appellate Division Department of Admission: 3, Law School: ALBANY LAW SCHOOL, Registration Status: Currently registered Next Registration: Jun 2012

Anonymous said...

You think Lodes turned on his longtime friend, after 30+ years of corruption because he is a law abiding, ethics supporting citizen/attorney?

More likely, he too, got his hand caught in the cookie jar and is trying to protect his own skin.

The only way to stop these criminals, is to haul each of their butts to jail.

Anonymous said...

I fully agree with 10:48am!

NY Attorney said...

Legally speaking, it's more important to know how to lie than it is to know the law.

Anonymous said...

How do you know when an attorney is lying?

Anonymous said...

Wasn't it the Second Dept that barely Suspended Al Pirro and then let him back in to practice after only 3 years? Or is the above info correct that he is Admitted in Third Dept too? Unbelievable statement about the "statewide system for lawyers" either way.


Anonymous said...

Who cares about Al Pirro at this point...he was arrested, indicted and convicted UNLIKE most of the thugs currently out there.

Anonymous said...

Sure but probably just part of the current remaining relevance about Pirro is how he was able to avoid Disbarment with all the felonies and how he was able to get back in to the gravy of making money as a lawyer so quickly? that is still a very relevant question in the system.

Anonymous said...

How does the Bar permit the federal felon AL PIRRO to have a law license? What does he have on the powers that be? Or is it how much he is he paying these people? The whores have taken over our legal system for their own benefit.

Anonymous said...

Influence, power and MONEY--that's what Pirro had on the "powers that be." "Powers that be" can be bought!

Anonymous said...

Have give criminal info to several attorneys and nothing was done. Now its clear all they did was to coverup for their brother attorneys. So who does the public go to with this type of info and don't tell me the FBI...they are useless.

Anonymous said...

Misprision of felony
From Wikipedia, the free encyclopedia
Jump to: navigation, search

Criminal law
Part of the common law series
Element (criminal law)
Actus reus · Mens rea
Causation · Concurrence
Scope of criminal liability
Complicity · Corporate · Vicarious
Inchoate offenses
Attempt · Conspiracy · Solicitation
Offence against the person
Assault · Battery
False imprisonment · Kidnapping
Mayhem · Sexual assault
Homicide crimes
Murder · Felony murder
Negligent homicide
Vehicular homicide
Crimes against property
Arson · Blackmail · Burglary
Embezzlement · Extortion
False pretenses · Larceny
Receiving stolen property
Robbery · Theft
Crimes against justice
Compounding · Misprision
Obstruction · Perjury
Malfeasance in office
Perverting the course of justice
Defenses to liability
Defense of self
Defence of property
Consent · Diminished responsibility
Duress · Entrapment
Ignorantia juris non excusat
Infancy · Insanity
Intoxication defense
Justification · Mistake (of law)
Necessity · Loss of Control (Provocation)
Other common law areas
Contracts · Evidence · Property
Torts · Wills, trusts and estates
Criminal justice · Law
v • d • e
Misprision of felony was an offence under the common law of England and was classified as a misdemeanour.[1] It consisted of failing to report knowledge of a felony to the appropriate authorities.

Exceptions were made for close family members of the felon.[citation needed]

A person was not obliged to disclose his knowledge of a felony where the disclosure would tend to incriminate him of that offence or another.[2]

With the development of the modern law, this crime has been discarded in most jurisdictions, and is generally only applied against persons placed in a special position of authority or responsibility.[citation needed] For example, corrections officers who stand idly by while drug trafficking occurs within the prison may be prosecuted for this crime.


Anonymous said...

I charged Suffolk DA Spota with that same crime and absolutely nothing happened.

These are the facts:

Tom Spota had two criminals he was going to use to frame my son in law of crimes Spota knew were false.

A Joseph Careccia and a David Cipkin confessed to him and were given immunity for the crime of committing an arson for hire of an occupied building in Yonkers.

Spota never bothered to inform the then - DA Pirro, and now DA DiFiore that he had written confessions from these 2 scoundrels, and they implicated a Eddie Wright ( now doing 40 years for narcotic violations) and a Jason Zimmerman who paid Careccia $5,000.00 to torch a company known as Credit Solutions.

Spota held on to these confessions for more than 18 months and NEVER asked the Westchester DA's for their leave to pursue this matter. He held on to this information so as not to screw up his frame job should the DA in Westchester refused to honor his request.

The arson, an A2 Felony occurred on 8/7/00. The information became known to Spota in March of 2004. The trial of my son in law did not begin until 1/06.

When I called the Yonkers PD to ask about the arson was first in very early 2005, and again in 6/05. I was informed by two detectives that at the time of my calls the case was still open.

The latter detective was now assigned the case and was furious.

After chasing DA DiFiore for some answers, she replied in a letter that while she was aware that those two scoundrels received immunity for their statements made to Spota, she added that after searching her files she could find NO evidence that Spota ever informed her office that his actions would confer immunity to the two persons that set the fire, and Careccia hiring them.

Now, that, my friends is what I think is Misprision of Felony.


Anonymous said...

I also continued on my fool's mission to make charges against the trial judge, James Hudson. Another criminal IMO, who didn't act on information I provided him with that the informant was engaged in widespread mortgage and bank fraud in Boca Raton, FL.

I supplied the judge with at least 10 pages of information as to mortgage and bank fraud committed by Careccia. I also informed him that he had not yet sentenced Careccia to 38 violent felonies he allocuted to before the judge, and that I knew he would give Careccia a free pass. He gave him 5 years probation to be administered in Boca Raton.

Those charges were made to the US
attorney in the Southern District of Florida. Needless to say, I didn't receive the courtesy of a reply.

Careccia was allowed to continue his criminal enterprise in Florida. The judge did NOTHING, as he was required to do.

Careccia was sent back to NY after I put this out all over the Internet. His criminal partners dropped him like he had leprosy, and his very lucrative criminal enterprise dried up like the trees in Los Angeles on a typical summer season.

Anonymous said...

If this Misprison Felony were pressed I would think that most lawyers would belong in jail along with the Judges

Anonymous said...

Most lawyers in my opinion do this everyday. The lawyers don't need guns they all have the "LAW" to justify their actions. Fill up the JAILS with these scum.

Retired Atty said...

If the bad apples were nailed on this matter I believe most of the other attorneys would do the right thing!

Anonymous said...


It is no secret that the Brooklyn Administration for Childrens Services ("ACS") and the Brooklyn Family Court Judges routinely get pressured by the Crown Heights Hassidic Jewish Community to either squash or destroy any and all Sexual Abuse allegations or investigations against Crown Heights residents/sexual abusers.

If you are a Pedophile/Child Sexual Abuser, move to Crown Heights, New York.

The FBI, NYPD, and ACS is powerless to either investigate, prosecute, or convict you there.

And Mayor Bloomberg, Governor Andrew Cuomo, Assemblyman Dov Hikind, and Andrew Weiner will do nothing to help those sexually abused children either.

This city sucks.

Anonymous said...

All lawyers are felons, so arrest them all!

Jail4Judges said...

This could used against the corrupt Judges also!

Anonymous said...

So where are the feds because if the locals do this he will walk...the fix is in as they say but then all those wire recordings can expose many things

Anonymous said...

Can this be applied to Judges also?

Anonymous said...

If I have this correct anytime you tell an attorney about any criminal act the attorney as an office of the court is required to reveal/report this to the court. When is the last time any attorney did this?

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See Video of Senator John L. Sampson's 1st Hearing on Court 'Ethics' Corruption

The first hearing, held in Albany on June 8, 2009 hearing is on two videos:

               Video of 1st Hearing on Court 'Ethics' Corruption
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