Attorney seeks to overturn Hsu's fraud conviction (fundraiser's 1992 no-contest plea)

Contra Costa Times ^ | 9/22/07 | Brandon Bailey

[Libloather]

Attorney seeks to overturn Hsu's fraud conviction
Lawyer says he will attempt to withdraw fundraiser's 1992 no-contest plea
By Brandon Bailey
MEDIANEWS STAFF
Article Launched: 09/22/2007 03:06:52 AM PDT

After weeks of embarrassing disclosures and new criminal charges, an attorney for Democratic financier Norman Hsu mounted a counteroffensive Friday, calling for dismissal of Hsu's 1992 fraud conviction and blasting the FBI for tactics that led to new fraud charges this week.

Noting that the judge who accepted Hsu's 1992 no-contest plea is now retired and unavailable to sentence him, defense attorney James Brosnahan said he will withdraw that plea and may take the case to trial.

But one expert said Hsu faces an uphill battle. And authorities appear to have a mountain of evidence against Hsu, a former high-rolling political fundraiser who appeared in shackles and rumpled jail clothing during a brief hearing Friday in San Mateo County Superior Court.

"If he entered a plea, he has no right to withdraw that plea," said law professor Robert Weissberg, director of Stanford University's Criminal Justice Center. "He can hope the court will be somewhat sympathetic to him, but he's in a weak position."

Hsu, who raised more than $1.5 million for Democratic campaigns in California and New York in recent years, is being held without bail in a Redwood City jail, where he was arraigned Friday on a warrant issued after he fled the state two weeks ago. At Brosnahan's request, Judge Robert Foiles scheduled the hearing to continue next Friday.

Hsu, 56, originally had pleaded no contest to grand theft after California authorities charged him with stealing $1 million from Bay Area investors in a Ponzi scheme. But Hsu disappeared 15 years ago, before he was sentenced in that case. State authorities say they didn't realize he was operating new business ventures in Southern California and New York until recent news reports drew attention to his past.

"He is presumed innocent," Brosnahan told reporters outside court. "I want to say that twice to you, worthy people of the press, because America seems to be making up its mind about Mr. Hsu, who never had a trial anywhere."

But after a separate investigation, federal authorities in New York announced Thursday that they have charged Hsu with a new fraud scheme involving shell companies and intermediaries Hsu enlisted to recruit other investors in phony business deals. The scheme is remarkably similar to the 1992 case, but much larger in scale -- with investors losing at least $60 million this time.

They also charged that Hsu coerced investors into making political donations and, in some cases, illegally reimbursed them to get around federal campaign contribution limits.

Brosnahan said he would like to see authorities dismiss the California case so Hsu can return to Manhattan to defend himself there. But prosecutor Ronald Smetana, a deputy state attorney general, said he has no intention of doing so.

Hsu made no public statements in court, but his attorney said he will seek the return of $2 million in bail Hsu posted before fleeing the state on an Amtrak train Sept. 5. Brosnahan said the law requires bail to be refunded once Hsu returns to court.

Smetana said he will oppose that motion because the money may be used for restitution to the 1992 fraud victims. He also said the $2 million may have come from money Hsu stole from more recent victims.

Brosnahan, meanwhile, blasted the FBI for interviewing his client Sept. 14, when Hsu was still recovering from an attempt at suicide by taking an overdose of sleeping pills on the train in Colorado.

Calling the agents' behavior "a legal scandal," Brosnahan said it was "absolutely wrong" for them to interview Hsu without a lawyer and while he was in a fragile medical condition.

In the federal complaint, authorities said Hsu "initiated contact with FBI agents in Colorado on three separate occasions" and that after being released from a hospital to a Colorado jail, Hsu told the agents he wanted to speak without his lawyers present.

The complaint says Hsu then admitted using shell companies to conduct phony business deals, as well as pressuring investors to make political contributions.

Authorities declined to respond to Brosnahan's charge that Hsu's statements were obtained improperly.

Weissberg said it would be difficult to prove the agents violated Hsu's rights. Brosnahan's best hope, Weissberg added, may be arguing to a jury that Hsu's statements should be disregarded because of his mental condition.

Authorities said the New York fraud charges are based on bank receipts, computer records and interviews with six different victims or witnesses who invested money with Hsu.

[Libloather]

Heck, O.J. is guilty of armed robbery - but was at least allowed to bail himself out...

[Lurker]

Mr. Hsu, who never had a trial anywhere."

Hsu had a trial and was fully aware of the consequences of his plea. If this attorney does indeed file such an action he should be severly sanctioned by the Court.

L

[mass55th]

I wonder who’s paying his lawyer’s fees.

[Wil H]

but was at least allowed to bail himself out...

Utter bull!

Hsu is a fugitive from a prison sentence that he has yet to serve as well as all the new charges....

...and as for trying to get the court to overturn a sentence that Hsu had managed to elude serving for 15 years - that's Chutzpah!

[Congressman Billybob]

Who does Hsu's lawyer think he is? Larry Craig's lawyer? Sheesh.

Congressman Billybob

Latest article, "Dan Rather, CBS, Plus Duke"

[dynachrome]

The real question is, did he run the shredder or is there a paper trail that might have a few interesting names?

[the invisib1e hand]

I think we might be looking at the first of hillary’s many pardons.

[top 2 toe red]

She has to be President before that can happen...I absolutely refuse to believe that will happen, despite Newt’s predictions.

[Libloather]

Who does Hsu's lawyer think he is?

Norman Hsu (Hillary fund-raiser) attorney defended 'American Taliban' John Walker Lindh
MOFO ^ | 9/07/07
Posted on 09/07/2007 10:41:21 PM EDT by Libloather

James J. Brosnahan
Senior Partner
Primary Office: San Francisco
Email: jbrosnahan@mofo.com
Phone: (415) 268-7189
Fax: (415) 268-7522
Download vCard

James J. Brosnahan is one of the nation's most respected and recognized trial lawyers, with expertise in both civil and criminal trial work. He was inducted into The State Bar of California's "Trial Lawyers Hall of Fame" in April 1996; was awarded the "Samuel E. Gates Award" by the American College of Trial Lawyers in October 2000; was named the "Trial Lawyer of the Year" by the American Board of Trial Advocates in October 2001; was named "Legend of the Law" by the Lawyer's Club of San Francisco, November 2002; was awarded the William J. Brennan Jr. Award from the University of Virginia Trial Advocacy Program, January 2003.; and was awarded the Champion of Justice award from the Civil Justice Program at the Loyola Law School in September 2005. He is the recipient of the 2007 American Inns of Court Lewis F. Powell Award for Professionalism and Ethics.

http://www.freerepublic.com/focus/f-news/1892923/posts

[the invisib1e hand]

despite Newt’s predictions.

Oh, I didn't know Newt predicted it. It's been obvious to some for a very long time.

[MindBender26]

“He is presumed innocent,” Brosnahan told reporters outside court. “I want to say that twice to you, worthy people of the press, because America seems to be making up its mind about Mr. Hsu, who never had a trial anywhere.”

Total legal gibberish. “Presumption of innocence” is a legal operation, a requirement that someone cannot be convicted of a crime until the State has put on a case, sufficient to convict or the Def admits his/her guilt in court as he did in this case.

It simply means that the Def has no obligation to prove himself innocent, rather the burden of proof is on the State (gmvt.)

That State’s burden is easily and irrevocably met when the Def pleads guilty in court.

That plea can be withdrawn under some very extraordinary circumstances, (Def didn’t speak English, was deaf, retarded, etc. so could not understand what was being done/said, Def was threatened with death if did not plead, etc.)

This is all BS for PR.

[gunnedah]

You can bet he will get it overturned. The Democrat Party and the ABA will see to it. The majority of money giving by attorney’s or the ABA goes to Democtrats if I am not mistaken and most lawyers are liberals.

[holden]

This is all BS for PR

Of what use is PR to Hsu? More likely, this BS is intended to distract us and get us to take our eyes off the ball, forgetting about the Dims and Hillary being behind the host of Hsu-related illegalities.

If the courts, DBM and Greta-types make Hsu procedures the headliner act in the big top, the sheeple may well forget how Hillary and her Dim minions gladly participated in Hsu's schemes if they didn't suggest or direct a lot of his activities and funding shenanigans, to boot!

My guess is what we know so far about Hsu-type dealings is merely the tip of a very big iceberg, poised to sink the Demon-titanic.

The Hsu and Peter Paul cases, along with all the other sleeping Clinton scandals from the 90's, should close the book on how history should look upon all things Clinton. Their actions have been uniformly corrupt, self-serving financially, and intended to guide the country quickly onto pure socialism. Spotting a young girl's dress and misusing his cigar is but an allegory in microcosm for what the Clintons have been doing to and intend for all of us.

HF

[Bobibutu]

“Who does Hsu’s lawyer think he is? Larry Craig’s lawyer? Sheesh.”

Agreed .... however ya gotta respect him pulling out all the stops and goin’ for the gold.

Whoever is paying for it ... they are going to get their moneys worth it seems.

Popcorn anyone?

[dynachrome]

Heck, even the marxist running for Senate from Boulder, CO
got a grand! (Cong. Mark Udall)

[Joe 6-pack]

"Who does Hsu's lawyer think he is? Larry Craig's lawyer? Sheesh."

It all boils down to who tapped the Hsu and when did they tap it?

[top 2 toe red]

Yes, this week on Hannity & Holmes, Newt said said there is an 80% chance the hildabeast will be President. I don’t agree. I will not just accept that she will be the next CIC and say, “Well, ok, then it’s a done deal.”

[MindBender26]

>>>>This BS is intended to distract us and get us to take our eyes off the ball, forgetting about the Dims and Hillary being behind the host of Hsu-related illegalities.

We’re all on the same page.

[sageb1]

Both Eric Elliff (Hsu’s atty in CO) and Brosnahan work for Mo-Fo. MORRISON & FOERSTER LLP

Yes, Brosnahan represented Lindh. Elliff was part of the team that made recomendations to Univ. of CO in re: Ward Churchill. I don’t know what his presentation of evidence was - for or against. James Brosnahan met with Senator Feinstein to encourage her to not vote to approve Alito.

Mo-Fo is huge. It is also international with offices in London (I believe) and in Beijing. They are major donors to Democrats, mostly Kerry in ‘04 - even to the extent that one of the major partners in the SF office was a delegate for Kerry - Judy Droz Keyes, Gold Star Widow (Vietnam) Another partner, Dennis Perluss, was a donor to Bill Clinton in ‘91 and ‘92, prior to his joining Mo-Fo. A number of partners have been affiliated in various ways with Soros’s OSI.

The Mo-Fo Foundation gives to some of the same charities as Teresa Heinz Kerry’s Tides Foundation.

So, yes, like you, I would like to know exactly who is paying for Hsu’s defense.