GUILTY Fl - Dan Markel, 41, Fsu Law Professor, Tallahassee, 18 July 2014 - #5 *arrests*

[MissyS]

I agree with all this. But it still remains the case that immunity is the best outcome for KM, by far. With immunity, she has zerorisk of a long prison term. That's way better than all the other potential outcomes. Why in the world wouldn't she take that? I truly don't get it.

I wonder what KM's family thinks about her turning down immunity. They are reportedly going into financial hardship to help fund her defense, but it would appear that such sacrifices are not necessary with the offer of immunity.

Is it possible that KM could raise the issue of inadequate counsel if she is convicted and her legal team (paid for by a third party) guided her away from accepting immunity?




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[BSBC]

KM is offered immunity now but she refuses in an attempt to save the A’s.

KM goes to trial January 2018 (or later because of delays?).

If acquitted, KM goes free and the A’s stay free.
If convicted, KM is offered immunity at sentencing. KM goes free and the A’s are arrested.
Either way, KM goes free.

So, her ‘risk’ is low and she’s willing to sit in jail another 6 months for the chance of keeping the A’s free.

This is why she isn’t taking the immunity deal now.
IMO

But why would she want to go through trial if, by taking immunity now, she can guarantee that she will serve no prison time at all -- with no trial? By refusing immunity, she bears some risk -- we can debate just how much -- of significant prison time. Why are any of the options you spell out better than immunity?

 

[AS-W]

Oh, I hope you're right. I hope their lives are miserable.

 

[SeesSeas]

But why would she want to go through trial if, by taking immunity now, she can guarantee that she will serve no prison time at all -- with no trial? By refusing immunity, she bears some risk -- we can debate just how much -- of significant prison time. Why are any of the options you spell out better than immunity?

If KM is acquitted, she gets freedom and the A’s remain free.
I think she doesn’t want the A’s arrested.

 

[platon20]

If KM is acquitted, she gets freedom and the A’s remain free.
I think she doesn’t want the A’s arrested.

I think there's another angle here that I haven't seen mentioned yet.

By all accounts, if she's looking after her own interests, it makes zero sense not to take the immunity deal.

Consider this -- what if KM is refusing immunity because she wants a better deal for her ******* boyfriend? Maybe she's telling the government that they have to give both her AND her boyfriend immunity so that htey can go home together and raise their kids together.

I think it's far more likely that KM is holding out for her boyfriend to get off free rather than trying to get the Adelsons out of trouble.

 

[kooshx]

KM is no doubt playing a high stakes game if she's truly trusting that she can cut a deal post conviction. There's always the chance that there will be another break in the case between now and then and the SA won't even need her testimony. Plus, even if she can beat jail time, she's still going to have a record.

The risk may be worth it for a greedy person, though. If she walks, she's pretty much set for life. The A's will owe her big time, and if they ever upset her, there's nothing stopping her from ratting them out later on. Putting out another hit would be incredibly risky for the A's, who would have already beaten the rap once. Plus, if you recall from her recorded conversation with CA about the Lexus needing some work, CA was pretty much ready to do anything to make things right.

If she speaks now, she's definitely free but poor.

If she speaks later, she's probably going free but will be poor (and have a record).

If she doesn't have to speak (due to acquittal), she's free and on easy street.

For someone who covets the luxurious life, it's probably a gamble she sees as worth taking.

 

[Razz]

KM is no doubt playing a high stakes game if she's truly trusting that she can cut a deal post conviction. There's always the chance that there will be another break in the case between now and then and the SA won't even need her testimony. Plus, even if she can beat jail time, she's still going to have a record.

The risk may be worth it for a greedy person, though. If she walks, she's pretty much set for life. The A's will owe her big time, and if they ever upset her, there's nothing stopping her from ratting them out later on. Putting out another hit would be incredibly risky for the A's, who would have already beaten the rap once. Plus, if you recall from her recorded conversation with CA about the Lexus needing some work, CA was pretty much ready to do anything to make things right.

If she speaks now, she's definitely free but poor.

If she speaks later, she's probably going free but will be poor (and have a record).

If she doesn't have to speak (due to acquittal), she's free and on easy street.

For someone who covets the luxurious life, it's probably a gamble she sees as worth taking.

I'm not sure she'll ever be "free". Even if she gets out w/out ratting on the As,
there is always the chance she will. So,
the A way is to eliminate that problem.
This time, maybe the As will leave the middle man/woman out of it and perform a "do it yourselfer".

She'd be better off doing the ratting now and getting them off the streets.

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[cluciano63]

How far back do I need to go to understand why this KM would want to protect the A's so badly? Who is she to them?

 

[dotr]

How far back do I need to go to understand why this KM would want to protect the A's so badly? Who is she to them?

Imo, afaik.
KM is the former girlfriend of CA, the brother of WA, whose former husband Daniel Markel, was murdered.
KM is also the mother of two children fathered by her former boyfriend, Sigfredo Garcia, who is accused of murdering DM for money, in a scheme allegedly organized by KM and allegedly ordered by some members of the A family.
Many here wonder why KM would give up her own freedom to potentially protect others.
speculation.

 

[GordonX]

What is the answer to 99 out of 100 questions?... Money.

 

[Gaius]

I am astonished with the savvy displayed by Magbanua & her lawyers. Despite the heavy evidences, circumstantial and otherwise, they appear to play and win a high stake Prisoner’s dilemma with repeat moves! Whatever the outcome of this case, it has the potential of going into Game Theory textbooks.

I am not surprised but still in awe with the strategic and communication skills of David Oscar Markus. His webpage says it all about him: “Markus/Moss is a nationally-recognized trial and appellate boutique law firm known for taking on and winning difficult criminal defense cases. The Firm’s lawyers accept only a small number of high-stakes cases at any given time so that they can dedicate their full attention to every client. The Firm’s founder, David Oscar Markus, is a Harvard-educated lawyer who has been described as “wickedly smart and a terrific trial lawyer.” His clients say that he is “the whole package” and “a creative, courageous and tenacious courtroom advocate.” One recent publication said: “David Markus is amazing, not only because of the strength and genius of his arguments and motions, but also because of his brilliant and astonishing performances during the hearings. Additionally, he radiates so much confidence, and that in itself soothes the usual anguish and anxiety that you endure during these types of situations. Last but not least, he is such a great human being.”

Perhaps sarcastically, I venture to say that “Canadian lawyer & law professor Dan Markel’s life matters also in Florida!” His former colleagues at FSU, the State Attorneys, the judge of this case, and his family members are perhaps eager to uncover the unvarnished truth of the case. However, they have encountered formidable adversaries in the persons of David Oscar Markus & Christopher DeCoste.

Aside the limitations of what are legally permissible when inquisitively searching the source of large lump sum payments, it is much easier to hide assets than to uncover assets, even with the help of almighty FBI! To put into perspectives, (a) Magbanua is of Filipino origin and possibly still has Filipino close contact persons, (b) cash does not have paper trails, and (c) all lawyer DeCoste has to show is “this cash is not from the Adelsons!”

Misappropriation of funds is the main cause of asset tracing. Asset origination such as in the Magbanua case is the other large reason. I looked up what professionals such as Deloitte Forensic say about the topic:
“Asset recovery is all about moving quickly. If steps are not put in place early, the prospect of finding the money, even if you can trace it, gets more uncertain as each day passes.” (Deloitte Forensic)
“Resultantly, it is difficult to identify assets located across multiple jurisdictions and moreover it is problematic to obtain a favorable decree and enforce the recovery claim in these international jurisdictions.” (Deloitte Forensic)
“Our Asset Tracing and Recovery experts will work with you and your legal adviser to attempt to recover misappropriated funds, quickly and discreetly.” (Deloitte Forensic)
It is a repeat move game, i.e. sooner or later the initial lump sum will dry out and more cash has to come, but I doubt if the State Attorneys of Florida would ever have the savvy and the means to uncover such asset traces.

 

[nancydrew71]

I am astonished with the savvy displayed by Magbanua & her lawyers. Despite the heavy evidences, circumstantial and otherwise, they appear to play and win a high stake Prisoner’s dilemma with repeat moves! Whatever the outcome of this case, it has the potential of going into Game Theory textbooks.

I am not surprised but still in awe with the strategic and communication skills of David Oscar Markus. His webpage says it all about him: “Markus/Moss is a nationally-recognized trial and appellate boutique law firm known for taking on and winning difficult criminal defense cases. The Firm’s lawyers accept only a small number of high-stakes cases at any given time so that they can dedicate their full attention to every client. The Firm’s founder, David Oscar Markus, is a Harvard-educated lawyer who has been described as “wickedly smart and a terrific trial lawyer.” His clients say that he is “the whole package” and “a creative, courageous and tenacious courtroom advocate.” One recent publication said: “David Markus is amazing, not only because of the strength and genius of his arguments and motions, but also because of his brilliant and astonishing performances during the hearings. Additionally, he radiates so much confidence, and that in itself soothes the usual anguish and anxiety that you endure during these types of situations. Last but not least, he is such a great human being.”

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You can say all you want about the brilliance of David Markus, but how do you explain 2 ****s traveling 500 miles north to kill a young professor?
Wonder what KM's relatives think about her declining immunity. You can't make this stuff up. Wonder if they even understand or even communicate with her

 

[nancydrew71]

<modsnip>

Usually it's getting the best of the best defense attorneys, but in this case, I don't know how you can explain this.

 

[MissyS]

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You can say all you want about the brilliance of David Markus, but how do you explain 2 ****s traveling 500 miles north to kill a young professor?
Wonder what KM's relatives think about her declining immunity. You can't make this stuff up. Wonder if they even understand or even communicate with her

As far as KM's family, the perpetrators and the alleged masterminds, it would seem that the overriding belief is that "the ends justify the means."

WA was able to move to Miami. The grandparents got their grandkids. Unfortunately, DM had to die to make this happen.

It would seem that for KM and the alleged masterminds, everyone knows what happened and as long as it can't be proven in court, everything is OK.


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[Harmony 2]

I would be surprised if the dental practice is thriving...

KM's reticence and loyalty is an enigma.

 

[minusfour]

I would be surprised if bookings at the dental practice are anything but very patchy. What new patients would want to go there? (Is he the one suspected of..?) The A's must be distracted as all get up, and most of the good staff would have jumped by now, surely?

 

[Jane Tennison]

I am astonished with the savvy displayed by Magbanua & her lawyers. Despite the heavy evidences, circumstantial and otherwise, they appear to play and win a high stake Prisoner’s dilemma with repeat moves! Whatever the outcome of this case, it has the potential of going into Game Theory textbooks.

I am not surprised but still in awe with the strategic and communication skills of David Oscar Markus. His webpage says it all about him: “Markus/Moss is a nationally-recognized trial and appellate boutique law firm known for taking on and winning difficult criminal defense cases. The Firm’s lawyers accept only a small number of high-stakes cases at any given time so that they can dedicate their full attention to every client. The Firm’s founder, David Oscar Markus, is a Harvard-educated lawyer who has been described as “wickedly smart and a terrific trial lawyer.” His clients say that he is “the whole package” and “a creative, courageous and tenacious courtroom advocate.” One recent publication said: “David Markus is amazing, not only because of the strength and genius of his arguments and motions, but also because of his brilliant and astonishing performances during the hearings. Additionally, he radiates so much confidence, and that in itself soothes the usual anguish and anxiety that you endure during these types of situations. Last but not least, he is such a great human being.”

Perhaps sarcastically, I venture to say that “Canadian lawyer & law professor Dan Markel’s life matters also in Florida!” His former colleagues at FSU, the State Attorneys, the judge of this case, and his family members are perhaps eager to uncover the unvarnished truth of the case. However, they have encountered formidable adversaries in the persons of David Oscar Markus & Christopher DeCoste.

Aside the limitations of what are legally permissible when inquisitively searching the source of large lump sum payments, it is much easier to hide assets than to uncover assets, even with the help of almighty FBI! To put into perspectives, (a) Magbanua is of Filipino origin and possibly still has Filipino close contact persons, (b) cash does not have paper trails, and (c) all lawyer DeCoste has to show is “this cash is not from the Adelsons!”

Misappropriation of funds is the main cause of asset tracing. Asset origination such as in the Magbanua case is the other large reason. I looked up what professionals such as Deloitte Forensic say about the topic:
“Asset recovery is all about moving quickly. If steps are not put in place early, the prospect of finding the money, even if you can trace it, gets more uncertain as each day passes.” (Deloitte Forensic)
“Resultantly, it is difficult to identify assets located across multiple jurisdictions and moreover it is problematic to obtain a favorable decree and enforce the recovery claim in these international jurisdictions.” (Deloitte Forensic)
“Our Asset Tracing and Recovery experts will work with you and your legal adviser to attempt to recover misappropriated funds, quickly and discreetly.” (Deloitte Forensic)
It is a repeat move game, i.e. sooner or later the initial lump sum will dry out and more cash has to come, but I doubt if the State Attorneys of Florida would ever have the savvy and the means to uncover such asset traces.

Longtime (27 yrs+) lawyer here. I mostly lurk on WS but have to reply to this post.

I find the attorney's "self puffery" on his website wholly unimpressive. After all, anyone can write *anything* about himself/herself on a website (or social media page, for that matter) wholly within his/her control. More impressive would be testimonials from judges or peers in the defense bar. You don't include a link to the "recent publication" praising the attorney, so I would discount that info without more info as well.

As to the text you've inserted about tracing and retrieving ill-gotten gains, much of what you have stated regarding the difficulty of this process relates to the *retrieving* part of the process, not the *tracing* part, which is what is at issue here. Source: 15+ years with a Federal law enforcement agency.

 

[GordonX]

Longtime (27 yrs+) lawyer here. I mostly lurk on WS but have to reply to this post.

I find the attorney's "self puffery" on his website wholly unimpressive. After all, anyone can write *anything* about himself/herself on a website (or social media page, for that matter) wholly within his/her control. More impressive would be testimonials from judges or peers in the defense bar. You don't include a link to the "recent publication" praising the attorney, so I would discount that info without more info as well.

As to the text you've inserted about tracing and retrieving ill-gotten gains, much of what you have stated regarding the difficulty of this process relates to the *retrieving* part of the process, not the *tracing* part, which is what is at issue here. Source: 15+ years with a Federal law enforcement agency.

agreed. i'm not impressed with bombastic, self-aggrandizing propaganda from some shady lawyer's website who brags about a client list full of scum-bags and is proud of it. i'm also not impressed with dirty unethical tactics.

i like what GC said after the Judge's ruling on the fees - "I don't think it's a setback on trying to prove the link, the conspiracy".

p.s. you should post more often!

 

[dotr]

" Innocent of course, c'mon, c'mon"
2011
[video=youtube;PEObSibgPGo]https://www.youtube.com/watch?v=PEObSibgPGo[/video]
2012
https://oaccessjamaica.com/2012/08/28/music-news-buju-banton-hires-new-attorney/

David Oscar Markus the Miami attorney who represented Buju through two week long trials and a complex yet unsuccessful appeals process, confirms with New Times that he’s moving on from the case.

 

[GordonX]

The Idiot’s Guide to hiding bribes
Method one: Cash

While there are all sorts of complex ways to hide the flow of money one of the most untraceable is still cash. It’s a lesson drug dealers learned many years ago, if you can get hold of cash in the first place there is no record of where that cash has gone. The tricky part is the quantity required and generating that cash in the first place, especially when dealing with large amounts, but other than in the unlikely event the cash is marked, or the serial numbers have been logged then the cash is virtually untraceable. The way most bribes are still paid is in wads or briefcases full of cash.