The Mets' Madoff Scandal: The Trustee Goes on Offense
At first bankruptcy trustee, Irving Picard, was seeking to recover about $1 billion from the New York Mets' ownership for alleged fictitious profits and claims of fraud. However, a bankruptcy judge dismissed many of Picard's claims against the Mets' owners, leaving about $385 million for Picard to extract.
While the Mets principal owners Fred Wilpon and Saul Katz have won some early battles against Trustee Picard, now Picard is looking for a game changer. While trial on Picard's Madoff-related claims against the Mets' owners isn't scheduled until this March, Picard wants a victory now.
Last week, Picard filed a motion for partial summary judgment to obtain $83 million of the $385 million from the Mets' owners. By filing this motion, Picard is telling the court that there is no factual dispute that the Mets received $83 million in fictitious profits and those sums (as part of the claim) should be recovered now.
To avoid this outcome, the Mets' ownership, already strapped for cash, will have to convince the court that there are factual reasons why these funds are not owed back the the bankruptcy trustee. Given the unclear financial future of Mets' ownership and their drastically reduced payroll, you have to wonder if the Wilpon/Katz team could even survive an $83 million hit.
In a strange twist to the Bryan Stow story, the LA Times is reporting that Giovanni Ramirez, who had been arrested in May in connection with the beating, has been released. In his place, 
Finally, after about a week of jury selection, a jury has been chosen to serve in the case of the United States of America v. Roger Clemens. According to the court, .jpg)
Amidst 
A Delaware bankruptcy court has now allowed embattled 
Clemens and his attorneys suffered 
Bryan Stow, the paramedic who was attacked in cowardly fashion at Dodger Stadium, 
A federal grand jury in Los Angeles 
As the season progresses, Major League Baseball continues to rack up the DUI's. The latest culprit is Cleveland Indian outfielder Shin-Soo Choo. 
In what is hopefully only a temporary setback, the 
Lenny Dykstra, the man they used to call "Nails," was arrested on Thursday for allegedly attempting to purchase a motor vehicle through fraudulent means. Details on that transaction are not currently available. However, while in jail, Dykstra was 
Dwight Gooden, who at one time was one of the most promising young pitchers in baseball history, 
According to ESPN
One of the hallmarks of criminal law is that the prosecution must prove its case against a defendant beyond a reasonable doubt. Criminal juries seem to understand (without penalizing the defendant) that, under our Constitution, a defendant doesn’t have to testify or put on any case because the prosecution has the burden of proof.
When I was a young prosecutor, I was told never to over-try a criminal case. Sometimes less is more and overkill can lead to a shaky witness getting crushed on cross-exam.
In a 
One thing that is a certainty about the Barry Bonds trial is that his former trainer and alleged steroids supplier, Greg Anderson, will not testify against the slugger. He and his “Fifth Amendment” rights will be in jail as he has refused to take the stand.
On Wednesday, Bonds’ childhood friend Steve Hoskins testified that he observed Bonds and trainer Greg Anderson emerge from a bedroom, with Anderson carrying needles and a syringe. Hoskins also testified about a conversation he recorded between himself and Anderson in 2002, and informed the jurors that Bonds asked him to research performance enhancing drugs. Defense counsel grilled Hoskins, and effectively elicited testimony that Hoskins had been charged with forgery and stealing money from Bonds, suggesting that Hoskins’ testimony is payback. Additionally, the jurors heard that Hoskins had paid $10,000 in legal fees for Bonds’ ex-girlfriend, Kimberly Bell, who will also testify against Bonds.
After years of delays and appeals, Barry Bonds’ criminal trial for allegedly lying to a 
In the latest round of court filings, former Red Sox and Yankees Roger Clemens (through his attorneys) protested to the judge that the prosecution had thrown the “kitchen sink” of charges against him. As a former prosecutor, I can say he may have a legitimate grip but that’s the way the criminal process works.
Just a year after alcohol abuse treatment and claiming he had been 
Sports in the Courts Blog was featured on Cocky Law Blawg.....
This week federal prosecutors were forced to 
Apparently in America, you are innocent until proven guilty unless you own the New York Mets.
With the Barry Bonds perjury trial set to begin in March, Bonds’ attorneys and the government are sparring over what evidence the jury will be permitted to hear.
Until now the Barry Bonds defense team has been doing pretty well. They have successfully convinced the court to exclude certain incriminating documents from the use of prosecutors against Bonds. But most importantly, Bonds' former trainer, Greg Anderson, remains uncooperative with the prosecution and subject to incarceration for his silence.
Irving Picard, the Trustee appointed by the court to recover and distribute Bernard Madoff's assets, has filed suit in Bankruptcy Court against Fred Wilpon, owner of the New York Mets, and Sterling Equities, his real estate investment company ("Wilpon"). Mr. Picard claims that Wilpon withdrew more money than it deposited with Madoff, therefore actually making $48 million through "investments" with Madoff. Mr. Picard has filed several similar suits against those who have withdrawn more money than they deposited, and in fact, recently settled one of these suits for $625 million.
As expected, 
Now that the trial has concluded, we know what the main issues were - whether Leyritz ran a red light or otherwise contributed to the death of the victim, Ms. Veitch, and whether he was operating a motor vehicle under the influence of alcohol. Attorneys know that jurors do not always follow the instructions of law given to them by the Judge, and consequently, we are always intrigued by what jurors think of the witnesses and evidence presented and how jurors make their decisions – this is the most important consideration when preparing our cases for trial. 
Jim Leyritz was acquitted of DUI manslaughter today. On Friday, the six jurors had deliberated for approximately six hours, and advised the Judge that they were deadlocked and could not reach a decision. The Judge ordered the jurors back to court today, and asked that they discuss the case amongst each other and attempt to reach a decision. In order to convict Leyritz, all jurors must agree that he is guilty.
In his opening statement, Leyritz's attorney told the jury that he would call a toxicology expert to testify that the blood test taken after the accident was not reliable, since – according to the defense -- the concussion Leyritz sustained in the accident could have affected the body's ability to process alcohol. The defense also promised to show that the victim, Ms. Veitch, was speeding, ran a red light, and may not have had her headlights turned on. The prosecution's accident reconstructionist already testified that Leyritz was not speeding at the time of the accident and concluded that Ms. Veitch's vehicle was traveling between 33 and 40 MPH (the speed limit is 35 MPH). Leyritz's expert, however, Kenneth Bynum, 
NY Mets’ closer, Francisco Rodriguez, appeared in a Queens County courthouse today 
Leyritz’s passenger, Paul Barger, who stated that Leyritz did not drive through a red light, since Barger had previously told police that Leyritz did run a red light.
As I had previously posted, the trial judge excluded any evidence that the victim, Ms. Veitch, had been drinking that evening. However, on Wednesday, Leyritz's attorney repeatedly asked Kevin Lane, a friend of Ms. Veitch, questions about how much Ms. Veitch had to drink. The Prosecutor (who was admitted to practice almost 20 years ago) apparently failed to object to these questions, angering Judge Gold, who nevertheless allowed the case to proceed, rather than declare a mistrial. However, the damage may have been done, as the jury has now heard that Ms. Veitch had plenty to drink that night, which is not relevant to the determination as to whether Leyritz is guilty of manslaughter. 
First full disclosure: I am a Mets season ticket holder. Second full disclosure: if the Rangers and Giants wins their series' our long national nightmare is over.
We regret to report that things have gone from 
This week t
ESPN commentator 
With all the 
Earlier this afternoon a grand jury returned an indictment against Roger Clemens for lying to Congress during his disastrous testimony. It appears that Clemens may face 15 to 21 months and additional fines if convicted. We expect Clemens through his lawyers will enter a plea of not guilty to the charges.
Yesterday, the New York Mets took the first steps to void troubled closer Francisco Rodriguez's contract. 
Once again, I'm forced to correct wrong statements made by "legal analysts" who have spent too much time in TV studio and who have never been a prosecutor in NYC.
The Mets star closer, 
On Friday, the 
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Given the constant scandal in sports involving 
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.
