Subject:  Fieger seeks to wipe away federal charges |
Author:
Chris
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Date Posted: 10/15/09 6:31pm
Thursday, October 15, 2009
Fieger seeks to wipe away federal charges
Paul Egan / The Detroit News
Detroit -- Southfield attorney Geoffrey Fieger, who last year was found not guilty of criminal campaign finance and obstruction of justice offenses, asked a federal judge Wednesday to take the extraordinary step of erasing from the record the fact that he was ever charged.
Fieger told U.S. District Judge Paul D. Borman that he wants to truthfully be able to state that he has never been charged with or convicted of a criminal offense when he applies for admission to practice as an attorney in other states.
"That's drastic -- more than drastic," said a skeptical Borman.
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"You can't wipe out things that have happened. You can't do revisionist history and say there was never a prosecution."
But Fieger countered that since courts have the power to expunge a criminal conviction, they must also have the power to expunge a criminal charge.
The often controversial trial attorney said that while almost nobody else in the country would be justified in asking the court to take such an action, "there are extraordinary circumstances because I'm involved."
Fieger said his national practice sets him apart from most attorneys in that he must apply for admission to practice in almost every state in the nation. And he said that because he's won massive judgments and has been controversial, "they look for reasons to deny me admission."
Borman reserved his decision and asked for more briefings on Fieger's request.
Assistant U.S. Attorney Lynn Helland told Borman he should deny the request, unless the judge believes anyone should be able to request the destruction of fingerprints, booking photos and court records after he or she is acquitted of criminal charges.
"That would be a form of legislation from the bench that would be inappropriate," Helland said.
In 2007, a federal grand jury indicted Fieger on charges of illegally reimbursing employees, their relatives and vendors for more than $100,000 in donations to the 2004 presidential campaign of Democrat John Edwards. A jury acquitted Fieger of all charges.
pegan@detnews.com (313) 222-2069
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