Criminal Justice

Lawyer and paralegal convicted of bribery for paying court worker to refer arrestees to them

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A New York criminal defense lawyer and his paralegal were convicted of bribery and conspiracy Tuesday, concerning a scheme to pay an employee of the New York Criminal Justice Agency to provide them information about selected defendants in lockup, and to steer those defendants to hire them.

Prosecutors said paralegal Jose Nunez paid the worker $200 to $1,000 a week on behalf of attorney Benjamin Yu between 2013 and 2014, reports the New York Law Journal (sub. req.). A news release by the Manhattan District Attorney’s office provides more details.

The worker told selected defendants that they could be freed faster with the help of lawyers in the scheme, including Yu, according to prosecutors, and a cooperating police officer and court clerk allegedly expedited handling of these defendants’ cases to speed them through the system. Prosecutors say the worker also used information gleaned from interviewing arrestees awaiting arraignment to determine whether they were likely to be able to afford private attorneys, and sent Yu and Nunez text messages containing that info.

The nonprofit New York Criminal Justice Agency contracts with New York City to conduct pre-arraignment interviews of defendants for bail recommendations. However, it is not itself a government agency. Attorney Robert Briere, who represented Nunez, said the defense argued that the employee was not a public servant, thus negating a key element of the criminal prosecution, the legal publication reports.

Attorney Patrick Brackley, who represents Yu, said both defendants plan to “vigorously appeal” their convictions.

Sentencing for Yu, 37, and Nunez, 49, is scheduled in July in the Manhattan Supreme Court case.

Two other lawyers were charged in the case as well. One of them, Dwane Smith, pleaded guilty to a bribery charge last year and got six months. He was also disbarred, the New York Law Journal says.

It isn’t clear from news coverage whether attorney Jae Lee’s case has been resolved.

Hat tip: New York Daily News

Related coverage:

ABAJournal.com: “Three lawyers are accused of paying criminal justice staffer to send wealthy defendants to them”

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