Subject:  Fieger didn't tell him to hide memo, attorney testifies |
Author:
Chris
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Date Posted: 05/ 7/08 6:43pm
In reply to:
Diane
's message, "Fiegers' Trial Tomorrow ????" on 04/13/08 6:44pm
Wednesday, May 7, 2008
Fieger didn't tell him to hide memo, attorney testifies
Paul Egan / The Detroit News
DETROIT -- A key witness in the government's obstruction of justice case against attorney Geoffrey Fieger testified Tuesday that Fieger never told him to conceal an internal law firm memorandum from a federal grand jury.
"He did not give me an instruction," Fieger attorney Todd Weglarz testified about the 2000 memorandum, in which Weglarz warned Fieger that reimbursing the political donations of law firm employees appeared to violate state law.
"He did not say whether to produce it (to the grand jury) or not produce it."
Fieger did say that he thought the Weglarz memo was a private document not covered by the grand jury subpoena the firm received, Weglarz testified. Also, "He did say, let me know if this sees the light of day," Weglarz told jurors.
Fieger, 57, and his law partner, Ven Johnson, 46, were indicted in 2007 on conspiracy and illegal campaign contribution charges. They are accused of making $127,000 in illegal donations to the 2004 presidential campaign of Democrat John Edwards by reimbursing the donations of employees, employee relatives and law firm vendors.
Fieger alone is charged with obstruction of justice, a 10-year felony. As part of that charge, the government alleges Fieger "corruptly and falsely informed (Weglarz) that an incriminating document was not sought by a subpoena from the grand jury."
Fieger's lawyers say he merely gave a legal opinion on whether the memo was covered by the subpoena, and Weglarz agreed under cross-examination that Fieger never instructed him to conceal anything.
The memo, dated Oct. 30, 2000, which Weglarz sent to Fieger and copied to Michael Alan Schwartz, who was then Fieger's law partner, dealt not with the Edwards campaign but to reimbursements Fieger planned to give employees for contributions to state judicial races, according to the memo.
Since the memo deals with state law and not with the federal law under which Fieger is charged, U.S. District Judge Paul D. Borman has ruled the memo is only relevant to the obstruction of justice charge and not relevant as to whether Fieger knowingly broke federal law by making the Edwards reimbursements.
"In light of the unfortunate political climate which presently exists in this state, our arch enemies would salivate at the opportunity to prosecute (both criminally and through the State Bar) you and anyone else affiliated with this firm," Weglarz wrote in the memo.
"Should there ever be any type of investigation into these contributions, I am greatly concerned about the effect it may have on my ability to maintain a license to practice law."
Weglarz testified he was concerned when he wrote the memo because "it's very conservative here," and "Mr. Fieger has a bull's-eye on his back."
But he said his fears were later alleviated when he discussed the memo with his mentor, Schwartz, who led him to believe it was alright for an employee to make a donation and then receive a bonus, provided the donation was not made in expectation of receiving the bonus.
Under cross-examination, Fieger attorney Gerry Spence asked Weglarz if his fear about Fieger's "arch enemies" had come to pass.
"It did," Weglarz testified.
The trial continues Wednesday.
In another development involving Fieger, the 6th U.S. Circuit Court of Appeals upheld a lower court decision dismissing Fieger's vindictive prosecution complaint against Michigan Attorney General Mike Cox, Secretary of State Terri Lynn Land and Michigan Supreme Court Justice Stephen Markman.
The complaint related to an investigation into donations Fieger made to a group opposing Markman's re-election. The federal courts ruled they are barred from dealing with a case under a doctrine by which federal courts do not interfere with state court actions.
During a break in the trial, Fieger declined to comment on the ruling, saying he had not yet seen it.
You can reach Paul Egan at (313) 222-2300 or pegan@detnews.com.
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