SC - Paul Murdaugh & mom Margaret Found Shot To Death - Alex Murdaugh Accused - Islandton *Guilty* #43

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May 4, 2022

Fleming, 53, was suspended from the practice of law by Order of the Supreme Court of South Carolina on October 8, 2021. Fleming was previously indicted in March 2022 by the South Carolina State Grand Jury for 18 counts including Breach of Trust with Fraudulent Intent, Money Laundering, Computer Crimes, and Criminal Conspiracy. Fleming is currently out on bond for the previously unsealed State Grand Jury charges.

[..]

The second superseding April indictment additionally charges Murdaugh and Fleming together with one count of Criminal Conspiracy for allegedly conspiring to surreptitiously misappropriate to Murdaugh $89,133.44 in funds Fleming held in trust as attorney for Pamela Pinckney. The indictment further charges Fleming individually for Breach of Trust with Fraudulent Intent, Value More than $10,000 in connection with the alleged scheme. Independent of the conspiracy, the indictment additionally charges Fleming individually for Breach of Trust with Fraudulent Intent, Value More than $2,000, but less than $10,000; and Breach of Trust with Fraudulent Intent, Value Less than $2,000; in connection with his alleged use of funds he held in trust as attorney for Pamela Pinckney totaling $8,078.46, for personal expenses to take himself, Murdaugh, and another attorney on a private plane to the 2012 College World Series in Omaha, Nebraska. Finally, the indictment also charges Fleming individually for Breach of Trust with Fraudulent Intent, Value More than $2,000, but less than $10,000, for allegedly misappropriating to Murdaugh $4,560.00 in funds Fleming held in trust as attorney for Pamela Pinckney, under the false and fictitious guise of unspecific case expenses.

[..]

Altogether, through 15 indictments containing 79 charges against Murdaugh, the State Grand Jury has indicted Murdaugh for schemes to defraud victims of $8,492,888.31. Although some of the amounts as to Fleming and Laffitte overlap as to the alleged amounts for Murdaugh, as to Fleming, through two indictments containing 23 charges against him, the State Grand Jury has indicted Fleming for schemes to defraud victims of $3,725,203.85. As to Laffitte, through three indictments containing 21 charges against him, the State Grand Jury has indicted Laffitte for schemes to defraud victims of $1,832,772.30.

This State Grand Jury investigation is being conducted by the South Carolina Law Enforcement Division, the South Carolina Attorney General’s Office, the Federal Bureau of Investigation, and the United States Attorney’s Office. The case will be prosecuted by The South Carolina Attorney General’s Office.

The crimes charged in the indictments carry the following classifications and penalties:

  • Computer Crime, Value $10,000 or More, is a felony punishable upon conviction by imprisonment for up to five years and/or a fine of up to $50,000.
  • Breach of Trust with Fraudulent Intent, Value $10,000 or More, is a felony punishable upon conviction by imprisonment for up to 10 years, or a fine at the discretion of the court.
  • Breach of Trust with Fraudulent Intent, Value More than $2,000 but less than $10,000, is a felony punishable upon conviction by imprisonment for up to five years, or a fine at the discretion of the court.
  • Breach of Trust with Fraudulent Intent, Value Less than $2,000, is a misdemeanor punishable upon conviction by imprisonment for up to 30 days, or a fine of up to $1,000.
  • Criminal Conspiracy, is a felony punishable upon conviction by imprisonment for up to five years or a fine of up to $5,000.
ETA: Seems to me that Fleming would need to allege there was an error of law by the Grand Jury that first indicted him in March 2022 and later in April 2022-- long before he entered a guilty plea on August 23, 2023!

Relative to a legal error in his punishment, the classifications and penalties are established by State statutes.

IMO, even without the Flemings published Appeal, I don't see this going anywhere. Just a case of sour grapes by another entitled buddy of AM. Also, please see the 8/23 YT plea hearing at about the 58-minute mark for the defendant's acknowledgment of his guilt per the two indictments and charges.
 
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EB offered to represent other jurors, pro bono, only after Harpootlian threatened them.
I did see he posted that on Twitter. I did not perceive any of Harpootlian said as “threatening” and/or a “threat”, but everyone views things thru their own lens, could you point out where he threatens them or what he says with his threat?

Here’s a link to the full press conference.

Sorry in advance but IMO I haven’t been able to locate that “threat” but I have seen numerous people mention it after EB said it. He seemed to backtrack some of what he said after that, but others still feel that Harpootlian threatened the remaining jurors when he spoke at those microphones so I am interested in what exactly they see.
 
I did see he posted that on Twitter. I did not perceive any of Harpootlian said as “threatening” and/or a “threat”, but everyone views things thru their own lens, could you point out where he threatens them or what he says with his threat?

Here’s a link to the full press conference.

Sorry in advance but IMO I haven’t been able to locate that “threat” but I have seen numerous people mention it after EB said it. He seemed to backtrack some of what he said after that, but others still feel that Harpootlian threatened the remaining jurors when he spoke at those microphones so I am interested in what exactly they see.

The jurors rendered a verdict and were dismissed by the Court.

When the defense attorney goes public to suggest, and as MSM reported, ALL OF THE JURORS BE QUESTIONED AND MIGHT NEED LEGAL REPRESENTATION, especially after also telling the public that only a couple of the jurors had agreed to talk to them voluntarily, I also view this as threatening language by the defense, more specifically attorney DH. MOO

Another attorney who made a name for himself by representing many of Murdaugh's alleged financial crime victims also leaped into the fray yesterday. During Tuesday's press conference, Harpootlian reportedly suggested that all of the jurors be questioned and might need legal representation. (Sep 8, 2023)


ETA: Further to the YT press conference, I'd forgotten that DH also alleges that Sled Agent Owens fabricated evidence and perjured himself before the grand jury! I find DH maligns with impunity and really should be checked. It's just wrong.
 
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I did see he posted that on Twitter. I did not perceive any of Harpootlian said as “threatening” and/or a “threat”, but everyone views things thru their own lens, could you point out where he threatens them or what he says with his threat?

Here’s a link to the full press conference.

Sorry in advance but IMO I haven’t been able to locate that “threat” but I have seen numerous people mention it after EB said it. He seemed to backtrack some of what he said after that, but others still feel that Harpootlian threatened the remaining jurors when he spoke at those microphones so I am interested in what exactly they see

It’s plain to me he was trying to put the fear into the remaining jurors…you know…the ones he was not able to manipulate. Also, since, as you put it, we all see things through our own lens, I don’t think I need to or am obliged to point out to you the obvious.
 
The jurors rendered a verdict and were dismissed by the Court.

When the defense attorney goes public to suggest, and as MSM reported, ALL OF THE JURORS BE QUESTIONED AND MIGHT NEED LEGAL REPRESENTATION, especially after also telling the public that only a couple of the jurors had agreed to talk to them voluntarily, I also view this as threatening language by the defense, more specifically attorney DH. MOO

Another attorney who made a name for himself by representing many of Murdaugh's alleged financial crime victims also leaped into the fray yesterday. During Tuesday's press conference, Harpootlian reportedly suggested that all of the jurors be questioned and might need legal representation. (Sep 8, 2023)


ETA: Further to the YT press conference, I'd forgotten that DH also alleges that Sled Agent Owens fabricated evidence and perjured himself before the grand jury! I find DH maligns with impunity and really should be checked. It's just wrong.
Maybe DH will end up needing an attorney. Let's just hope it's not JG hah.

I've never seen a more disrespectful, argumentative, rude, and obtuse attorney during his questioning. Especially female witnesses. I was offended and disgusted by his actions and the way he talked to them.

MOO
 
Remembering how before AM's story about the roadside shooting unraveled and AM confessed to law enforcement that he had orchestrated the saga, getting cousin Eddie to allegedly shoot and kill him in an assisted suicide plot so that his surviving Buster could get an alleged $10m life insurance windfall, AM even met with a sketch artist!

Judge Newman initially ruled that the roadside shooting incident was beyond the scope of the trial.

But, after another tense cross-examination of a SLED Agent by DH, Newman reversed his ruling saying that DH had opened the door to the testimony.

At another point – when Mr Harpootlian appeared to begin to recount his own version of events – Judge Clifton Newman interjected, telling him: “Mr Harpootlian, you cannot testify.”

IMO, there's clearly a pattern by DH who seems to move to be intimidating or retaliatory, when he doesn't get his way. I don't think I'll ever understand how/why the People continue to elect DH as the Senator for District 20. o_O

Man oh man, I really hate the idea of a new trial....

1695679490512.png

 
So did CF resign his SC law license as his attorney says? I found where he notified GA that his SC license had been temporarily suspended and requested a voluntary temporary suspension of his GA license as well but the only thing I can find regarding his SC license is from Oct 2021 when it was suspended until further notice which I suppose means temporarily. But in the sentencing memo submitted to the federal court by his attorney she mentions more than once that he voluntarily resigned both licenses and knows he will never be reinstated. I found that odd since it was reported - I think in March 2022 - that a 50 page document was submitted to try to get his license back. So when did he voluntarily resign it? Is that something that was submitted just prior to the federal hearings since he knew he would lose it permanently anyway and the SC Bar website that still says it is suspended until further notice just hasn’t been updated?
 
DH has been a jerk for years but I dare say that if I needed a lawyer I’d want just such a well connected and experienced jerk.
My pride wouldn't let that man (loosely termed) near me. I'd have to roll the dice. A lot of people I know in the law community think DH has lost a good bit of his clout with the Murdaugh shenanigans.

MOO
 
snipped by me

ETA: I just looked up AM's post-conviction appeal and since the transcript was first ordered by his defense on 3/21/23, the Court already granted 5 extensions, and the last extension was filed on 9/19/23:

I have to say that I’m a little confused as to why it should take so long to complete a trial transcript. Is it normal for a trial transcript to take over 6 months? I guess I wouldn’t be surprised if the transcript of a 6 week trial is over 10,000 pages but gosh it seems like a long time. Is this normal? Or is there some reason that this one would take longer than normal?
 
So did CF resign his SC law license as his attorney says? I found where he notified GA that his SC license had been temporarily suspended and requested a voluntary temporary suspension of his GA license as well but the only thing I can find regarding his SC license is from Oct 2021 when it was suspended until further notice which I suppose means temporarily. But in the sentencing memo submitted to the federal court by his attorney she mentions more than once that he voluntarily resigned both licenses and knows he will never be reinstated. I found that odd since it was reported - I think in March 2022 - that a 50 page document was submitted to try to get his license back. So when did he voluntarily resign it? Is that something that was submitted just prior to the federal hearings since he knew he would lose it permanently anyway and the SC Bar website that still says it is suspended until further notice just hasn’t been updated?
Fleming, 53, was suspended from the practice of law by Order of the Supreme Court of South Carolina on October 8, 2021.
^^rsbm

Yes, suspension and temporary disbarment mean the same thing.

In some states, if a suspension lasts for more than six months, the suspended attorney must take, and pass, the professional responsibility portion of the bar exam before returning to practice.

I'm sure Fleming voluntarily resigning his law license was presented to the federal court as an act of good faith when in reality, it's the equivalent of resigning from a job when you know you are days away from being terminated-- for cause! In other words, best for the record to reflect the law license voluntarily surrendered than to cause the State Bar authority to Order your license rescinded and the former bar member disbarred. MOO

When an attorney is disbarred, the bar association in the state where you practice rescinds your law license. Rescission of a license is due to unethical and/or illegal conduct. True disbarment is considered to be permanent and can only be reversed under limited circumstances.

Generally, each State's Supreme Court has exclusive responsibility for the lawyer discipline and disability system in its respective state and delegates regulatory authority to the State's Bar Association's Office of Disciplinary Counsel, the Disciplinary Board, and hearing officers.

In my state, grounds of disbarment or suspension include conviction of a felony or misdemeanor involving moral turpitude, in which case, the record of conviction serves as conclusive evidence.

IMO, if Fleming was ever remitting a multi-page petition for reinstatement, it was most likely under the delusion of being acquitted of all federal and state charges and/or perhaps responding to a definite period such as a 9-month suspension.

SC Judicial Branch, RULE 7, governs GROUNDS FOR DISCIPLINE; SANCTIONS IMPOSED; and DEFERRED DISCIPLINE AGREEMENT. RULE 7.

SC Judicial Branch RULE 33, governs REINSTATEMENT FOLLOWING A DEFINITE SUSPENSION FOR NINE MONTHS OR MORE OR DISBARMENT: Generally, A lawyer who has been suspended for a definite period of 9 months or more, or has been disbarred shall be reinstated to the practice of law only upon order of the Supreme Court.

A petition for reinstatement shall not be filed earlier than 5 years from the date of entry of the order of disbarment. A lawyer who has received a definite suspension for 9 months or more may file the petition for reinstatement no earlier than 270 days prior to the expiration of the period of suspension. All records and proceedings relating to reinstatement shall be open to the public.


Criteria for Reinstatement and Readmission
 
From the quoted link:

"At the state sentencing hearing, (Judge Newman) stated ... he had not reviewed the federal court’s sentencing hearing because he did not 'defer to the federal court system in making his decisions,'" Barbier and Franklin-Best noted.

Fleming's lawyers feel Judge Newman's open refusal to consider Fleming's federal 46-month sentence before giving his own sentence represented the judge erroneously reaching a conclusion without considering all evidence.

Fleming's lawyers further assail both Judge Newman and South Carolina's criminal sentencing procedures, claiming a lack of uniform sentencing guidelines "resulted in a gross sentencing disparity" that violates Fleming's 14th Amendment due process rights.

"(Judge Newman) repeatedly stated that this case was 'unprecedented' and that 'there’s no way there is a case in this state where the amount of thievery exceeded what’s occurred in this case,'" Fleming's attorneys pointed out.

Fleming's lawyers end by noting their belief that any objections during the sentencing would have been "futile," which they feel under court precedent in other cases clears them of not having raised any of these objections during the sentencing hearing.


State prosecutor Creighton Waters said Fleming “should not get buy-one-get-one-free” and sought consecutive state sentences. The state court needs to have a say, too, he said.

Reminding CF that he faced as many as 195 years in prison for the state charges, Newman ultimately handed down a 10-year state prison term that will run alongside his federal (46-month) sentence and another 10-year state prison term that will run consecutively (i.e., 13 years, 10 months total).

Fleming faced as many as 195 years in prison for 23 state charges, and was sentenced by Judge Newman to 13 yrs, 10 mos.

IMO, for Fleming's defense to say Judge Newman did not consider all the evidence by not agreeing to accept the federal Court's suggestion to adopt their sentence as a two for one, I think the opposite is true -- it was the federal prosecutor and government that did not consider all of the evidence when imposing a 46 months sentence (about 39 months at 85%) per federal regulations.

I also can't think of another Judge who would be more merciful to listen to any objections which were not raised at the sentencing on 9/14, or at the plea hearing on 8/23 than Judge Newman.

You bad, CF....


Justin Bamberg, an attorney for other victims of Fleming and Murdaugh's alleged scheme, had harsher words for Fleming, who looked down and did not look back at the Satterfield family during the proceeding.

“This is a dagger in the heart of the clients who trusted their lawyers,” Bamberg said.

Bamberg asked the judge to sentence Fleming, who faced up to 195 years in prison, "firmly."
 
^^rsbm

Yes, suspension and temporary disbarment mean the same thing.

In some states, if a suspension lasts for more than six months, the suspended attorney must take, and pass, the professional responsibility portion of the bar exam before returning to practice.

I'm sure Fleming voluntarily resigning his law license was presented to the federal court as an act of good faith when in reality, it's the equivalent of resigning from a job when you know you are days away from being terminated-- for cause! In other words, best for the record to reflect the law license voluntarily surrendered than to cause the State Bar authority to Order your license rescinded and the former bar member disbarred. MOO

When an attorney is disbarred, the bar association in the state where you practice rescinds your law license. Rescission of a license is due to unethical and/or illegal conduct. True disbarment is considered to be permanent and can only be reversed under limited circumstances.

Generally, each State's Supreme Court has exclusive responsibility for the lawyer discipline and disability system in its respective state and delegates regulatory authority to the State's Bar Association's Office of Disciplinary Counsel, the Disciplinary Board, and hearing officers.

In my state, grounds of disbarment or suspension include conviction of a felony or misdemeanor involving moral turpitude, in which case, the record of conviction serves as conclusive evidence.

IMO, if Fleming was ever remitting a multi-page petition for reinstatement, it was most likely under the delusion of being acquitted of all federal and state charges and/or perhaps responding to a definite period such as a 9-month suspension.

SC Judicial Branch, RULE 7, governs GROUNDS FOR DISCIPLINE; SANCTIONS IMPOSED; and DEFERRED DISCIPLINE AGREEMENT. RULE 7.

SC Judicial Branch RULE 33, governs REINSTATEMENT FOLLOWING A DEFINITE SUSPENSION FOR NINE MONTHS OR MORE OR DISBARMENT: Generally, A lawyer who has been suspended for a definite period of 9 months or more, or has been disbarred shall be reinstated to the practice of law only upon order of the Supreme Court.

A petition for reinstatement shall not be filed earlier than 5 years from the date of entry of the order of disbarment. A lawyer who has received a definite suspension for 9 months or more may file the petition for reinstatement no earlier than 270 days prior to the expiration of the period of suspension. All records and proceedings relating to reinstatement shall be open to the public.


Criteria for Reinstatement and Readmission
Very helpful info, Seattle1…would be even more helpful if I understood it :) Just kidding, I followed MOST of it. I think the part still confusing me a bit is the interim vs definite suspension. But what I’m thinking now is that the SC Supreme Court did the temporary suspension based on the investigation and was likely waiting to see if it resulted in a conviction before making it permanent. I didn’t realize it in my earlier post, but the 50 page document to get his license back was actually his Georgia license according to this article…


If I followed everything I’ve seen on this in the past couple of days…

Oct 2021 SC issues interim suspension - no length of time set but notes until further order

Jan 2022 GA issues emergency suspension - voluntary discipline in form of emergency suspension - CF requested it after informing GA Bar of SC suspension

Feb 2022 ? CF attorney Pendarvis files 50 page doc with GA BAR in attempt to get GA law license reinstated - not sure of date - the article above says a month before he was indicted so I am concluding it was filed in Feb

Mar 2022 CF was indicted by SC Grand Jury

Somewhere between his indictment and federal sentencing CF must have contacted both states and voluntarily surrendered both licenses permanently although the only place I have seen that stated was in the defense sentencing memo mentioned in previous post.

So it looks like (before he was indicted) CF was gambling on it being easier to get his GA license back if he asked for an emergency suspension rather than waiting for them to take action and suspend it - but when he saw it wasn’t going quite like he planned, he submitted the 50 page document to try to get it back.

Hmmm sounds a bit like what he’s done with pleading guilty and throwing himself on the mercy of the court he expected to be limited by the federal recommendation but when Judge Newman said he wouldn’t be bound by that recommendation, now CF appeals because his gamble on that didn’t work out so well either.

I do think what the appeal will accomplish is that people won’t believe the tears he shed at the sentencing hearing were of remorse for his role in all this but see them for what they were - his sorrow that he got caught. I might have felt bad for him if he’d come forward and admitted to all this years ago but pleading guilty after you know they are going to convict you is an attempt to get a lower sentence not an indicator of remorse or taking responsibility.

Say what you will about Eric Bland - I know several WSers are not fans - but he’s the one that helped shed light on CF’s involvement.

If anyone comes across that 50 page document filed with the GA Bar trying to get his license back, please post it as I really would like to read it and not just the media report about it that I found.
 
From the quoted link:

"At the state sentencing hearing, (Judge Newman) stated ... he had not reviewed the federal court’s sentencing hearing because he did not 'defer to the federal court system in making his decisions,'" Barbier and Franklin-Best noted.

Fleming's lawyers feel Judge Newman's open refusal to consider Fleming's federal 46-month sentence before giving his own sentence represented the judge erroneously reaching a conclusion without considering all evidence.

Fleming's lawyers further assail both Judge Newman and South Carolina's criminal sentencing procedures, claiming a lack of uniform sentencing guidelines "resulted in a gross sentencing disparity" that violates Fleming's 14th Amendment due process rights.

"(Judge Newman) repeatedly stated that this case was 'unprecedented' and that 'there’s no way there is a case in this state where the amount of thievery exceeded what’s occurred in this case,'" Fleming's attorneys pointed out.

Fleming's lawyers end by noting their belief that any objections during the sentencing would have been "futile," which they feel under court precedent in other cases clears them of not having raised any of these objections during the sentencing hearing.




Fleming faced as many as 195 years in prison for 23 state charges, and was sentenced by Judge Newman to 13 yrs, 10 mos.

IMO, for Fleming's defense to say Judge Newman did not consider all the evidence by not agreeing to accept the federal Court's suggestion to adopt their sentence as a two for one, I think the opposite is true -- it was the federal prosecutor and government that did not consider all of the evidence when imposing a 46 months sentence (about 39 months at 85%) per federal regulations.

I also can't think of another Judge who would be more merciful to listen to any objections which were not raised at the sentencing on 9/14, or at the plea hearing on 8/23 than Judge Newman.

You bad, CF....


Justin Bamberg, an attorney for other victims of Fleming and Murdaugh's alleged scheme, had harsher words for Fleming, who looked down and did not look back at the Satterfield family during the proceeding.

“This is a dagger in the heart of the clients who trusted their lawyers,” Bamberg said.

Bamberg asked the judge to sentence Fleming, who faced up to 195 years in prison, "firmly."
I agree. It seems to me that Judge Newman sentenced CF to less than 10% of the time that all of the individual max sentences could have been given so I don’t know how they can suggest it is cruel & unusual punishment with a straight face. As for the accusation of bias because of the Murdaugh murder trial, it just shows further that CF does NOT understand or appreciate the seriousness of his own crimes.

Every time the CF legal team makes a move, I find myself detesting him a little bit more.
 
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