10th Circuit Court

Did Lawyer Use Client Trust Account to Help Client Conceal Income?

An Arkansas lawyer is facing criminal charges for allegedly using his client trust account as a vehicle to help a client avoid income tax. Oscar Stilley, 45, of Fort Smith is accused in a federal criminal case of conspiring with his client, Lindsey Springer, 43, of Kellyville, Okla., and tax…

Mar 12, 2009 12:49 AM CDT

Receiver Seeks Clawback of Legal Fees Paid to Paul Hastings & Fulbright Firms

Asked by a federal judge in Utah to recover money on behalf of investors allegedly fleeced by a claimed Ponzi scheme operator, Val Southwick, a receiver has focused on two major law firms. Contending that money from the Ponzi scheme was used to fund legal defense fees, the receiver filed…

Mar 10, 2009 6:12 PM CDT

En Banc Appeals Court Reinstates Conviction of Ex-Qwest CEO

An en banc federal appeals court has reinstated the insider-trading conviction of Joseph Nacchio, the former chief executive of Qwest Communications. In a 5-4 ruling, the full 10th U.S. Circuit Court of Appeals based in Denver said the trial judge did not err by excluding the testimony of a defense…

Feb 25, 2009 6:20 PM CST

In Hard-Fought Presidential Race, More Ballot Battles are Likely

If the presidential ballot count in Ohio is close on Tuesday, lawyers who specialize in election law are likely to busy next week. Court challenges are expected in hard-fought states, especially over provisional ballots and questionable voter-registration status, and Ohio appears likely to be front-and-center in the legal fray, reports…

Nov 1, 2008 12:27 AM CDT

Federal Judge May Have Made False Statements in Probe, Order Says

A judicial council order says U.S. District Judge Edward Nottingham “may have made false statements” to investigators during a misconduct inquiry. The order by the Judicial Council of the Denver-based 10th U.S. Circuit Court of Appeals said it was dismissing misconduct complaints against Nottingham, the chief judge, because of his…

Oct 31, 2008 12:57 PM CDT

Qwest CEO Judge Nottingham Resigns Amid Misconduct Probe

Facing multiple misconduct complaints, U.S. District Judge Edward W. Nottingham, chief of the federal court in Colorado, has resigned, effective Oct. 29. The Denver-based 10th U.S. Circuit Court of Appeals posted a statement (JPG) from 10th Circuit Chief Judge Robert H. Henry on its website confirming that the circuit’s judicial…

Oct 21, 2008 9:23 PM CDT

Facing New Ethics Complaint by Ex-Prostitute, US Judge May Resign

A federal judge in Denver is considering resignation after a former prostitute filed a new ethics complaint against him that contends he asked her to lie about paying her for sex. Published reports by 9News and the Rocky Mountain News say U.S. District Judge Edward Nottingham is expected to resign…

Oct 17, 2008 11:02 AM CDT

Trial Delay Sought for Non-Lawyer Who Allegedly ‘Practiced’ for a Decade

Saying that they expect their client may be charged in other jurisdictions, lawyers for non-attorney Howard Kieffer are seeking a trial delay in in a fraud case related to his admitted lack of a law license. Kieffer, 53, was scheduled to go to trial next month U.S. District Court in…

Oct 13, 2008 6:39 PM CDT

Suspended Mo. Attorney Gets 4 Years in $866K Bank Fraud

A Missouri lawyer who was previously suspended from practice in an unrelated matter has been sentenced to 50 months in federal prison for defrauding a bank of more than $866,000. Dawn Renee Harpster, 38, pleaded guilty last year to five counts of bank fraud. Doing business as Northwest Missouri Title…

Oct 8, 2008 8:13 PM CDT

En Banc Appeals Court Homes in on Nacchio Witness Exclusion

The 10th U.S. Circuit Court of Appeals in Denver assembled en banc Thursday to decide whether disgraced Qwest CEO Joseph P. Nacchio should get a new trial in the insider-trading case against him. Nacchio was convicted last year, but a three-panel appellate court ruled in March that he should get…

Sep 26, 2008 10:38 AM CDT

Federal Judge Axes Ex-DA’s Libel Suit Over John Grisham’s ‘Innocent Man’

A libel suit filed over a true-crime book written by best-selling author and attorney John Grisham has been dismissed by a federal judge. Grisham’s book, The Innocent Man, focuses on the wrongful conviction of two men for the 1982 murder of an Oklahoma cocktail waitress, and U.S. District Judge Ronald…

Sep 18, 2008 10:27 PM CDT

Unlicensed ‘Lawyer’ Allegedly Practiced for a Decade in 10 States

For the past decade or so, Howard Kieffer has reportedly represented clients in federal cases in 10 states. The problem is, he reportedly wasn’t properly licensed to practice law in any of them—or, apparently, anywhere else. During that time, Kieffer, who is now in his early 50s, represented clients including…

Sep 16, 2008 9:14 PM CDT

Law Firm Files RICO Suit Over Restaurant’s Menu Claims

A Washington, D.C., law firm has filed a federal class action against the Applebee’s national restaurant chain, contending that its “Weight Watchers” menu items aren’t as healthy as advertised. Independent testing of the Weight Watchers menu choices actually being served at various Applebee’s around the U.S. allegedly showed that “many…

Sep 15, 2008 3:25 PM CDT

Kansas High Court Asked to Decide: Can Judges Fill Out Questionnaires?

A federal court has asked the Kansas Supreme Court to weigh in on a question of state law: Can state judges ethically fill out questionnaires that ask them about their opinions on issues that are likely to come before them? On the one hand, judges have a First Amendment right…

Sep 5, 2008 9:14 PM CDT

As Students Head Back to School, Lawyers Head Back to Court

As students start another school year, litigation over their education is on a number of minds. In Chicago, as many as 2,000 predominantly minority students are boycotting the first day of school today and taking special buses to public schools in the upscale suburb of Winnetka, in support of efforts…

Sep 2, 2008 3:20 PM CDT