Legal Ethics

Prosecutor Says Miller Canfield Lawyer Was Member of Biker Gang

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Miller Canfield lawyer Hatim “Tim” Attalla lost his bid Thursday to get a drug conspiracy charge against him dismissed after a prosecutor promised more evidence to come.

A racketeering indictment against 74 associates of the Highwaymen Motorcycle club accuses Attalla of acting as general counsel to the organization. U.S. District Judge Nancy Edmunds refused to dismiss the charge against Attalla after an assistant U.S. attorney said the lawyer had actually been a member of the Highwaymen for a brief period, according to the Detroit News and the Detroit Free Press.

The prosecutor, Diane Marion, said there is additional evidence from at least one informant that would soon be disclosed to defense lawyers, the Detroit News says.

A court filing disputed that Attalla was involved in the club. “Mr. Attalla has never owned a motorcycle helmet, let alone a motorcycle,” the document said.

Attalla had argued the only evidence of a drug conspiracy appeared to be the government’s claim that he gave a defendant a single Viagra pill. He also argued the government appeared to be prosecuting him for advising a defendant of the right to remain silent.

But Marion said the defendant was surprised after he was arrested and Attalla showed up to represent him, since the inmate had not asked to see the lawyer, the Detroit News says. Rather than advising the defendant against self-incrimination, Marion said, Attalla was advising him not implicate another club member.

Attalla had been a member of Detroit Mayor Dave Bing’s crisis-management turnaround team, but resigned after the indictment. Attalla was of counsel at the law firm, but he went on paid leave after the indictment.

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