Silicon Valley Tycoon Convinces Court His Wife’s Scam is Designed to Avoid Pre-Nup

10950859361151CDPClyde Berg and his brother Carl Berg are two very wealthy men. They developed and built huge campuses for a number of successful Silicon Valley businesses, and sold their firm for $1.3 billion. But the old adage that money does not buy happiness is clearly illustrated in the divorce proceedings between Clyde, age 75, and his estranged wife, Ellena Berg, age 38. The first obvious comment is why a man in his 70’s thought he could sustain a relationship with a woman more than thirty years younger than him.

After ten years of marriage and an iron-clad prenup, Ms. Berg accused her husband of vicious abuse, including outfitting her with a spiked dog collar, tying her to a bed, and sexually assaulting her with a golf putter while she was nine months pregnant, an attack where she testified she was restrained for two days before freeing herself. But the presiding judge wasn’t buying what Ellena was selling and determined that she fabricated the entire incident. In dismissing the charges at a preliminary hearing Judge Ron M. Del Pozzo said Ms. Berg’s evidence “was not worthy of belief” and queried whether it was “flat-out-lying” or the product of being mentally ill.

Judge Del Pozzo rejected Ms. Berg’s absurd suggestion that while tied down she dialed 911 with her tongue borrowing a quip from Johnny Cochrane in the OJ Simpson trial: “If the tongue can’t dial, there’s not going to be a trial.”

As for Ms. Berg and her lawyers they retaliated by suggesting to the Judge that the District Attorney’s office was bowing to the “political and economic power” of her husband, a charge that was vigorously denied by the Crown who said: “We make prosecutorial decisions based on the evidence in the case, and not the money in the defendant’s bank account.” Of their client’s testimony, which consisted of ” I can’t remember” said forty-four times in ninety minutes, they argued that she suffered from post-traumatic stress disorder because of her husband’s abuse of her and ill-treatment from the prosecutor’s office.

Meanwhile, Mr. Berg registered his displeasure with the Crown office saying they should have dropped the charges against him and not proceeded with the weeklong hearing, contending he was the victim of his wife’s scam designed to circumvent the pre-nuptial agreement signed by her.

The pre-nup signed by the parties provided Ms. Berg with $2 million dollars if their marriage ended. She earned $200,000 a year for her trouble. Mr. Berg spent nine days in jail and later spent months with an electronic ankle bracelet, and was ousted from his home following his wife’s report to the police. But he was most distressed about the removal of his beloved Weimaraner dog who was taken away from him as his wife also accused him of beating the dog.

Lawdiva aka Georgialee Lang

Enraged Husband Attacks Wife in Court After Child Support Order Pronounced

_DSC4851Catherine Gonzalez, age 23, was forced to go to court to get an order that her husband pay child support, an application that is brought routinely in family law courts across North America, when a parent refuses to pay support voluntarily.

Her husband Paul Gonzalez Jr., a former Marine, was enraged when Judge Geoffrey Cohen made the order and stormed out of the Judge’s chambers. But he returned, and attacked his wife, in front of Judge Cohen and her lawyer, pummeling his wife with his fists. Ms. Gonzalez suffered significant injuries including a broken nose, a broken jaw, a torn lip, a concussion, and severe bruises to her face and eyes.

The beating ended with the intervention of Ms. Gonzalez’s lawyer and court bailiffs who confronted Mr. Gonzalez with a stun gun.

The Court threw the book at Mr. Gonzalez, sentencing him to 15 years in prison for the brutal assault on his wife, despite testimony from the a psychologist that he suffered from bi-polar disorder and post-traumatic stress disorder.

Judge Cohen was particularly incensed by Mr. Gonzalez’s attack in a court of law, where participants had every right to feel safe. The sentence he imposed was more than three times Florida’s maximum sentence for aggravated battery.

Earlier, Ms. Gonzalez had sought a restraining order against her husband but couldn’t persuade a judge to make that order.

In courts in British Columbia where counsel are concerned that one of the parties may become violent, a special request is made to ensure that a sheriff is in the courtroom during the hearing.

It is a shame that Ms. Gonzalez’s fear of her husband’s threatening behavior was not taken seriously, by anyone

Lawdiva aka Georgialee Lang

Lawyer Botches Adoption, Sued for Dead Infant

DSC01152_2 (2)_2Rachel and Heidi McFarland were thrilled with their little baby boy, who they adopted as a newborn from the infant’s 15-year-old mother. They loved him and cared for him for two months, but then received advice from their lawyer, Jason Rieper, that their son, named Gabriel, needed to be returned to his mother, Markeya Atkins.

Lawyer Rieper told the Des Moines couple that if they wanted to continue with the adoption he would need more than $10,000, but he didn’t explain to them why the money was needed. Rachel and Heidi were devastated, writing Mr. Rieper a letter indicating their desire to continue with the process. Mr. Rieper responded with a letter outlining Ms. Atkins “troubled youth” and her abuse of drugs. A few days later, Mr. Rieper showed up at the McFarland home, told them they had a slim chance of a successful adoption, and took the child to his birth mother. He advised them that a judge would likely side with the birth mother in any court proceeding.

Within five weeks of Gabriel’s return, he was dead and the child’s father, 17-year-old Drew James Weehler-Smith was charged with first degree murder. What the McFarland’s discovered was that their lawyer had failed to obtain the mother’s signature releasing the baby to the McFarlands, a fact he hid from his clients. They are suing for negligence and also arguing that Mr. Rieper had a legal obligation to advise child protection authorities of the danger of the infant’s return.

Poor little Gabriel, another victim of child abuse.

Lawdiva aka Georgialee Lang

DISBARRED THE SERIES: GARTH DRABINSKY

GEO_edited-1How far the mighty fall….Garth Drabinsky was an entertainment mogul in the world of theatre, whose productions including Phantom of the Opera, Showboat, Sunset Boulevard, and Kiss of the Spider Woman, garnered nineteen Tony awards for Drabinsky’s production company Livent. Prior to his foray into live theatrical production, he was an independent film producer, and later with a partner co-founded Cineplex Theatres in Canada in 1979, eventually acquiring Odeon Theatres to establish Cineplex Odeon, a venture he was forced out of in 1989 after accumulating unmanageable debt.

Born in Toronto, he obtained a law degree from the University of Toronto in 1973 and was called to the Ontario bar in 1975, working briefly as an entertainment lawyer, but his legal credentials paled in comparison to his success in show business. He became a Broadway darling, said to be responsible for 25% of North America’s live theatre revenues. Along the way he received a Queen’s Counsel designation, the prestigious Order of Canada, took Livent public, and appeared to be at the top of his game.

But things aren’t always as they seem. The reality was that Drabinsky was awash in financial problems due to excessive production costs, along with millions of dollars expended to build or renovate venues for his productions. To the surprise of many, in 1998 Livent received a $20 million dollar injection from Michael Ovitz, co-founder of Creative Artists Agency, the world’s largest talent agency and later President of Walt Disney Corporation.

With new money Drabinsky was on a roll, that is until forensic auditors hired by Michael Ovitz discovered that Drabinsky and his partner Myron Gottlieb were “cooking” the books in order to hide their massive financial losses. In this case, they created two sets of books, one that painted a rosy picture and the second that revealed the stark reality of their nearly bankrupt company.

These events saw the dismissal of Drabinsky and Gottlieb from Livent in August of 1998 and the commencement of a $225 million dollar civil lawsuit against them. But worse things were down the pike.

In 1999 authorities in New York indicted Grabinsky and Gottleib accusing them of misappropriating $4.6 million dollars from Livent. Meanwhile the Royal Canadian Mounted Police and securities regulators in the United States and Canada began investigating.

Finally, in 2002 four Livent executives, including Drabinsky and Gottlieb, were charged with fraud and accounting irregularities between 1989 and 1998. The allegations were ugly: forged financial statements, Livent purchasing large blocks of theatre tickets to falsely create an “uber-successful” production, and enticing investors to inject over $500 million dollars into the company based on fake documents.

After years of delay, said to arise from Garth Drabinsky’s lawyer, Eddie Greenspan, being fully occupied by the Lord Conrad Black fraud case in Chicago, Drabinsky finally faced justice. After a 65 day trial, Drabinsky was found guilty and sentenced to a seven-year prison term, which ultimately after appeal, was reduced to five years.

Recently steps were taken by the Canadian government to rescind his Order of Canada, and last week the Law Society of Upper Canada disbarred him, despite glowing reference letters from former Prime Minister Brian Mulroney and former Justice of the Supreme Court of Canada, Frank Iacobucci.

Has Garth Drabinsky taken responsibility for his crimes? Sort of, but he still says that the fraud was a result of computer software that he didn’t understand.

Lawdiva aka Georgialee Lang

Convicted Murderer Teaches Himself the Law, Obtains a New Trial and Acquittal

DSC00275_1Rodell Sanders is yet another victim of a corrupt criminal justice system in America. In 1993 he was a member of a gang called the Gangster Disciples in Chicago, Illinois. In December 1993 a carjacking took place resulting in a robbery and the murder of Philip Atkins, the male driver of the vehicle. His female companion, Stacy Armstrong, was also gunned down and left for dead, but she gained consciousness and managed to drag herself to a neighbor who called 911.

Stacy Armstrong was shown a photo line-up of possible suspects, one of whom was Rodell Sanders. Despite Ms. Armstrong’s description of her attacker as a 6 foot tall, slender, medium-skinned black man, she identified Rodell Sanders as her attacker. He was a hefty 180 pounds and 5 feet 8 inches. The Chicago police arrested Mr. Sanders and another gang associate of his, Germaine Haslett.

Haslett was persuaded by the police to finger Sanders as the guiding mind in the robbery, murder and attempted murder in exchange for a five year sentence. The police knew that Haslett was fully involved in the crimes but were anxious to turn Rodell Sanders into a gang informant with the threat of a lengthy jail term. Sanders refused their plea bargain of 23 years imprisonment and plead not guilty at trial.

Rodell Sanders knew he was being set up as he had a confirmed alibi supported by affidavits of associates who were with him at a party the night of the crimes. He hired a private detective to interview Haslett to determine why Haslett was lying about him. The detective taped a conversation where Haslett admitted that Sanders was not involved at all but that he was pressured by the police to testify against Sanders.

One of the questions put to Haslett by the private eye was “whether the police had urged him to lie on Rodell Sanders and place him at the scene of the crime?” Haslett answered in the affirmative.

Unfortunately, Sander’s lawyer did not call the private detective to testify and did not cross-examine Haslett about his lies. With the eye witness testimony of Ms. Armstrong and Haslett’s corroborative testimony, Sanders was convicted and sentenced to 80 years in prison. His appeal of the convictions also failed.

But he knew he was innocent and dedicated himself to learning the law, asking his family to save up some money so he could purchase the legal textbooks he needed to turn his case around. Rather than hanging out with his fellow inmates, he spent eight hours a day, seven days a week pouring over the law. He said he did it for his wife and children and because he did not want to die an innocent man in jail.

By 2003 Rodell Sanders was in a position to file a petition to the court alleging incompetent trial counsel in his bid for a new trial. He was successful in a 2006 hearing and a new trial was ordered, but not before the State filed an appeal, losing it, but delaying a new trial until 2010.

At his new trial, the jurors voted 11 to 1 for a guilty verdict, however, without unanimity it was a hung jury. He had a second trial this week where the jury deliberated for only five hours before acquitting him of all charges. He left prison last week, age 49, after serving twenty years on trumped-up charges.

Mr. Sanders has launched a civil suit against police and the justice authorities for their role in the nightmare he has endured.

As always, I wonder how the State, once in possession of the facts involving a rogue police officer, recanted testimony, and bogus eye witness identification, can be so arrogant as to appeal every court decision favourable to Mr. Sanders. Truly disgusting!

Lawdiva aka Georgialee Lang

A Snake in a Suit

10950859361151CDPNew Jersey lawyer Paul Bergrin spent five years working for the “good guys” as a prosecutor in Newark, New Jersey. That is one of the reasons his slide into the ranks of the worst criminals is so astounding.

Bergrin then took up a career as a criminal defence lawyer and was hailed as an aggressive and brash advocate who acted for gang members and drug dealers. His clients also included Oscar-nominated actress/singer Queen Latifah and rapper L’il Kim.

Bergrin gained a reputation as someone who would do whatever it took to get a client acquitted. His reputation first took a hit when he was arrested for running a brothel called NY Confidential whose owner, his former client Jason Itzler, had been incarcerated for money laundering, among other offences.

This brothel gained notoriety with the revelation that New York attorney-general Eliot Spitzer was a frequent flyer of their $1,000.00 per hour services.

If felony charges had been pursued Mr. Bergrin could have served as many as 25 years in prison, however, the matter was heard as a misdemeanor and he received three years probation and a $50,000.00 fine.

But his troubles were far from over. In 2009 Bergrin was charged with conspiracy to murder, witness intimidation and faced RICO charges for racketeering and belonging to a criminal organization. RICO legislation was originally enacted in the US to cripple the Mafia. The RICO charges were later dismissed by a trial judge, but reinstated once the Court of Appeal had its say.

Bergrin’s alleged defence tactics were far from the norm and included the provision of sexual services, courtesy of his brothel, to influence jail guards, police officers and informants. Even more unusual was the sudden death of persons who were witnesses in cases where he was defending the accused.

It was discovered that in eight Superior Court cases, witnesses were murdered or paid to give false evidence. One case involved the slaying of a FBI informant and in another, Bergrin hired a hit man to take out a witness against his client. With one dead witness, the only other witness recanted and Bergrin’s client walked away from capital murder charges.

When Bergrin attempted to get bail the State played tapes of conversations that Bergrin had with the alleged hit man, an undercover officer. He was denied bail.

Life has changed for Paul Bergrin. He was in solitary confinement for six months and remains in jail awaiting his trial. He no longer wears the stylish suits he was known for and I am sure he misses his beachside home.

Truly, a snake in a suit.

UPDATE:

On March 18, 2013, a jury convicted attorney Bergrin of all 23 counts on which he was tried, including conspiracy to murder a witness and other racketeering, cocaine and prostitution offenses.

The U.S. Attorney for New Jersey, Paul J. Fishman, announced the verdict saying: “Bergrin’s conduct was a stunning violation of his role as an officer of the court and a betrayal of his roots as a member of law enforcement. Today, the jury returned the verdict compelled by the evidence and imposed the justice he deserved. We take no joy from his tragic fall, but I am extremely proud of the work done by those in my office and agents from the FBI, IRS and DEA that led to this just result.”

Bergrin received a life sentence on Sept. 23, 2013.

Lawdiva aka Georgialee Lang

DISBARRED- THE SERIES: ALAN EAGLESON

_DSC4179 - Version 2Alan Eagleson graduated from the University of Toronto’s Law School and was a prominent Toronto lawyer and Member of Parliament in Ontario before he began his lengthy career as agent, promoter and hockey guru extraordinaire.

His accomplishments in the world of hockey were pivotal to the growth and stature of professional hockey and its players. It was Eagleson’s impetus to form a union for players that birthed the National Hockey League Player’s Association in 1967.

He became the NHLPA’s first executive director and held that position for 25 years. By 1979, Eagleson was providing financial services to some of hockey’s biggest stars, encouraging them to invest wisely in order to retire financially secure.

It was Eagleson’s foray into internatonal hockey, notably the 1972 match between Russia and Canada, that cemented his now international reputation. His esteem, in his clients’ eyes, was multiplied when he took on one of the off-ice hockey officials in the 1972 game insisting that the referees had missed a Canadian goal.

As matters escalated, soldiers of Russia’s Red Army began to converge around Mr. Eagleson. Canadian fans jumped from the bleachers to intervene on Eagleson’s behalf. After this confrontation he turned on his heels and “fingered” the Soviet hockey fans as he walked back to the bench.

As Eagleson’s power base grew, suspicions arose as to the inner workings of the NHLPA and several American sports journalists began investigating Eagleson and the NHLPA in 1989/1990. By this time, Eagleson was a living legend in Canada and vague allegations of mismanagement were ignored by Canadian journalists, many of whom owed favors to Eagleson. This year also saw Eagleson obtain the Order of Canada and admission into the Hockey Hall of Fame.

The beginning of Eagelson’s demise occurred when evidence revealed that he had been playing around with player’s pension funds such that when Bobby Orr retired he was almost bankrupt, with significant unexpected tax liabilities.

Even more egregious was Eagelson’s skimming of funds from international games, money that was used to provide a lavish lifestyle for Eagleson. The players were told that their salary from international play would be deposited to their pension accounts. Instead, Eagelson embezzled the money for his own use.

Eagleson also defrauded injured players who sought to rely on their insurance funds when their playing days were over. He charged extraordinary fees alleging that it was only through his negotiation with insurers that the players received their settlements. None of it was true.

Eventually in 1993 Canada’s Globe and Mail newspaper ran with the story and began their own inquiries. In 1994 Eagleson was indicted in the United States for racketeering, obstruction of justice, embezzlement and fraud.

It was only after one of Eagleson’s clients wrote a book outlining his criminal conduct that the Royal Canadian Mounted Police began their own investigation and in 1996 Eagleson was charged with eight counts of fraud and theft.

Eagleson managed to avoid extradition to face the US charges for three years, using his considerable clout with Canadian authorities. He later plead guilty to three counts of mail fraud in a Boston court and was fined $700,000.00

Eagleson was charged with eight counts of fraud and embezzlement by the RCMP and was sentenced to 18 months in prison. His disbarment followed, together with the withdrawal of his Order of Canada and his removal from the Hockey Hall of Fame.

To the surprise of many Americans, Eagleson was pardoned in Canada in 2005. Canadian pardons are a dime a dozen, since the central criteria is to “keep your nose clean” for five years.

Just another tale of greed that ruined Eagleson’s reputation and his life. The question is: Why do the most successful fall prey to this avarice?

“Greed is a fat demon with a small mouth and whatever you feed it, it is never enough.”
Janwilliam van de Wetering, Dutch writer

Lawdiva aka Georgialee Lang