Another big H/T to Mr NAAS. I think it is now official – this case has passed into the realm of never never land. It also could be the behind the scenes explanation for the extra week in jail while Mr Wessel prepares for the bond hearing. This doesn’t look good for team Perdigao – shoplifting Charmin and parrot food from the Covington Walmart while on bond for allegedly stealing $30 million dollars isn’t good for ones pretrial freedom, especially when you have $800 cash in your pocket at the time of the arrest:
Recently, the FBI learned that the defendant has been deceiving this Court and the entire criminal justice system. On February 27, 2008, defendant Perdigao was arrested by members of the St. Tammany Parish Sheriff’s Office for shoplifting. According the attached Complaint Arrest Affidavit (Exhibit B), Perdigao was arrested by the St. Tammany Sheriff’s Office at 10:10 p.m. after he stole $267.35 in items belonging to the Wal-Mart Super Center located at 880 Highway 190 North, Covington, Louisiana.
For the past eight months, Perdigao has known about these criminal charges and he knowingly and, with contempt, concealed this pertinent information from this Court, the U. S. Attorney, and Pretrial Services; all in clear violation of the conditions of his release set by this Court.
He is the latest PACER filing and here is the St Tammany Parish arrest reports. I don’t know what jail Mr Perdigao is located but from the sound of things he may want to make his cell as comfortable as possible.
Immediately, I see a smaller scale version of what he did at A&R.
Instead of fake invoices, he’s using discarded receipts. His pocket (Swiss bank account) is bulging most likely from his previous “transactions”, but he goes back for more.
I just don’t know where Robert Guidry and Jim Letten fit in with Walmart.
Can’t pin this one on Guidry or Letten. He made things one heck of alot worse on himself. I can’t imagine Judge Fallon will view this kindly.
sop
Was Perdigao off his medication?
Something isn’t right with the man Sally. I know a former elected offical with the same affliction – the man is a millionaire yet had an uncontrollable compulsion to steal and shoplift.
sop
I know that compulsion gets worse with stress — Perdigao went over the edge for sure.
I’m not a psychiatrist, and I didn’t stay at a Holiday Inn Express last night, but I will opine:
He was the partner in charge of ethics. A serious gold feather in the cap.
He saw unethical behavior, confronted those responsible, and was rebuffed.
He coped with this neutered position of power through self-destructive acts of misdirecting his clients’ money. These also happen to be the clients of those who rebuffed him.
After he’s arrested, he knows he possesses, or at least has seen, some damning evidence that will overshadow anything he has done.
The wait is too long. He’s anxious; he’s extremely stressed; his mind won’t let him rest.
More self-destructive behavior at the Walmart. But, this escapes the attention of the Feds. He goes “untreated”, and free to do more self-destruction.
He drafts the subpoenas for his attorneys in great detail. His attorneys are amazed and hopeful. They stroke his ego.
The Feds present an opposition to his subpoena. He doesn’t care about the collateral victims of his self-destructive acts. He hacks into the computer to get the documents before they disappear.
He will continue to self-destruct between now and the trial.
Fine explanation Mr NAAS.
The self destruction will have to continue from behind bars. The T-P is reporting his bond was revoked.
Collateral damage: Momma and Pappa Perdigao.
sop
It’s very unfortunate that his very capable counsel also fall as victims.
But, it’s not over.
A&R really shouldn’t care if Perdigao goes to jail or the asylum, as long as he is discredited beyond rehabilitation.
The “crazy as a craphouse rat” scenario may help A&R recover some insurance money for his “negligent acts”.
I can’t even think right now. (“Crazy as a craphouse rat” that sounds old as cheese — but I can’t say I ever heard it before.)
True enough about counsel. As we know from seeing the filings alot of work has gone into the two cases. It doesn’t look good for either one right now.
sop
I’m just catching up on all of this but a quick read suggests slowing down a little NAAS. I just need to read again and compose my thoughts and then I’ll be back.
To me, it explains why he is working for Guidry/Vosbein.
Sally: Did A&R partners have to take annual physicals?
No.
It would help his case to run an arrest record on the other parties involved.
What other parties, Sally? Who is working for Guidry/Vosbein? As you can see, I’m having a little trouble following.
According to him, he furnished the USA with a ton of important information. The USA started to do something with the information, but ultimately decided to pass on punishing anyone except him.
He retaliates with a massive recusal motion, AND a RICO suit that allegedly reveals all sorts of client confidences.
Self-destructive behavior for an attorney who was once ethics counsel for a large firm.
The recusal motion is twice rejected, and the RICO suit is stalled.
He then, according to the latest briefs, uses his computer skills to go after the documents allegedly connecting A&R to the hip of the USA.
Self-destruct.
If he is going to have any chance, his lawyers need to keep him away from the prison phone system.
I guess I know that Perdigao isn’t lying, so I am sorry that Perdigao hurt himself but I am not suffering any outrage of disbelief in his allegations. I guess I just get why birds of a feather were flocking together at Adams and Reese.
According to the pleadings, Wessell and Griffin filed a motion in May 2007 to terminate their representation of Perdigao. They cited irreconcilible differences with their client.
He hired a Houston and a Houma lawyer to replace them.
Then, in November 2007, he fired these lawyers, and Wessell and Griffin re-enrolled as counsel.
Client control – sometimes insurmountable.
Is it self-destruction NAAS or his only option for self-preservation?
It’s interesting that pre-trial services says it didn’t know he was living part time with his girlfriend but I recall reading a legal document recently that she came forward with the offer early on – and whatever it was I read made me think his living with her was one of the terms of his release.
Another interesting point is that it seems the USA is confirming the existence of very damaging documents that evidence Perdigao’s claimed link between the USA and A&R were valid.
We covered the issue of “stolen documents” in the qui tam as sop mentioned and since there was no deprivation of use, the documents Perdigao had were not stolen – and because they were copied as evidence of a crime, there may not be one on his part.
I’m still mulling over the Wal-Mart aspect of the case and wondering if Perdigao has made any sort of statement on his own behalf.
I wonder why Judge Sholes is still walking around like he is an honorable man. How can that be? How come the La Fifth Circuit Judges have yet to have any consequences for their failure to comply with due process in reviewing writs. There are a lot of boogymen in personalities that you really rather have illusions about. What goes on. Some of it gets too creepy. But Perdigao isn’t among the most offensive.
Sometimes there is a greater good in behaving that Jamie Perdigao didn’t see.Doctors make terrible patients. Lawyers make bad legal clients. The traits that made him a good lawyer did not serve him well as client IMHO.
Sop
Nowdy,
It isn’t difficult for me to believe Perdigao’s claims in the RICO suit. His complaint to the Crime Commission attaching the Sholes documents was strong. It also lended some credibility to his criminal defense claims.
But, it’s hard for me to see self-preservation as an explanation for his recent acts.
As an attorney, he knows there are several viable, ethical and legal options available for securing documents – especially electronic documents. Hacking into a computer system is simply not one of those options. The walls weren’t closing in on him just because the Feds opposed his subpoena.
It’s doubtful he had any police power or other authority to access the computer system even if he knew it contained evidence of a crime. I’m not a lawyer, but I don’t think a “citizen arrest” is a defense in this situation.
He would have done better, in my opinion, to have meticulously spelled out in his reply brief to the court exactly where the “goods” were located on the computer. He obviously knew which files to access.
The court could have appointed a computer forensics expert to sequester the files, and to determine if any other files had been deleted, altered or destroyed. The sequestered files could have been placed under seal with the court pending rulings on the subpoena, and any appeals of those and other evidentiary rulings by either side.
He obviously knows the identity of witnesses, including A&R staff, who could verify some of his information for the court. Had he made witnesses of innocent bystanders from the firm, then I would agree he was acting out of concern for self preservation. He would then be doing something he dreaded doing to people who are only there to make an honest living, but at least it’s legal.
The Walmart thing may not be over. What if he used this scheme in more than one Walmart?
You make such good points, NAAS, but I’m not certain it’s realistic to expect him to do that kind of thinking, lawyer or not, as he sees the world from the perspective of his “unique” experiences – and they definitely are “unique”.
The Walmart incident makes me wonder how he has been supporting himself these past three or four years and, as Sally said, if he’s been taking his medication, assuming he should be taking some.
In any case, it seems appropriate to separate what he’s done from what he’s accused others of doing – and, if I were Judge Fallon, I’d want to see the documents pulled off the computer (and probably want Perdigao in a hospital while I read them).
Everything about this case is troubling – his conduct included.
I would not expect the documents to be produced through legal proceedings. Perdigao couldn’t even get an evidentiary hearing on his motion to recuse the U.S. Attorneys. Nobody wants discovery in this case. This case needs to get out of this district.
Perdigao may be deteriorating under the circumstances and the stress. Attorneys would have no reason to believe in trusting the legal process.
Good morning, all.
I don’t know if I dreamed it, or if I read it somewhere, but I want to say his father (a psychiatrist) made a statement somewhere that James had some issues. Does this ring a bell with anyone else?
He may have some solid mitigating circumstances, or an affirmative defense. Plus, he might still prove his RICO claims.
It rings an earlier bell, NAAS, and as I recall, those issues are why his law license was retained but suspended. Are you thinking more recent than that?
No, that sounds about right. Although, his license could be suspended pending a conviction, there may be some mental health issues.
His mental state was cited as the reason Jamie Perdigao had his license suspended.
The interest in this case is intense Mr NAAS. We welcome all our new and returning readers today.
sop
Sop:
Do you have any printed material on the license suspension and mental state? I’m probably way off the mark on my theories.
I don’t remember knowing anything about his mental condition. The determination regarding his law license tracked the standard language used when an attorney misuses/mishandles client funds. That wasn’t a medical diagnosis. That was a legal standard.
Sally:
Was it the “threat of harm” standard?
Sop, do you remember where we read the information about his mental health issues?
Naas and Sally I’ll have to do some digging in my email folder. Nowdy no doubt remembers that same exchange of emails we had so maybe she can look too and between the two of us we’ll clarify our previous comments.
sop
Nowdy we exchanged emails on the topic.
Check your archives – I have so many saved it could take me a while to dig it back up.
sop
He was suspended by the LSC on the recommendation of the Office of Disciplinary Counsel in 2004. The order says it was on the basis of “threat of harm.”
The ODC reccomendation is not available. Purely speculation, but he may have been considered a threat of harm to his clients and the profession based upon the nature of the charges against him – allegedly stashing away $30 million he allegedly improperly earned from his clients.
http://www.lasc.org/opinions/2004/04b2423.pc.pdf
The recent events really help me to appreciate more the first-hand profile of Perdigao provided by his collegue and partner, Chuck Adams, in the ABA Journal article posted on here on May 30, 2008.
I’ve been searching NAAS and am looking for something in early July. I did find some conversation about the profile provided by Adams not really fitting the profile for this crime. Can’t get the ABA article to come up.
It was a July 3 news report. I found it in The Advocate in BR.
“On Oct. 1, Plattsmier informed the Supreme Court
You’re one step ahead of me Mr NAAS. Here is the link to our post here at slabbed.
sop
He tried to get out on a disability status, but by the time he had reported himself, A&R had already reported his conduct, and the fact he had returned $9 million dollars.
That psychiatric report would be nice to read, right about now.
Please…….my Dad was Mr. NAAS; I’m just NAAS.
Yes, that is all I remember on the subject. I think we had some discussion comments at that time.
That article language is not clear. Perdigao was seeking to go inactive and submitted a report.
The language about — Perdigao’s report concluding that Perdigao is a danger — that has just got to be wrong and confused.
Plattsmier is alleging that Perdigao is a “danger to clients and the public” in the petition seeking the LA Supreme Court to suspend Perdigao.
There is confusion in the article.
Fair enough NAAS.
sop
He stipulated to detention, reserving his right to revisit the matter.
His attorneys must have had the “come to Jesus” meeting with him.
When I read that the first time, the language of the article was not plausible.
Perdigao would not submit a report that stated that he was a “danger.” Perdigao could submit a report that stated he was depressed, etc., that would allow him to go on disability/inactive status.
However, in allegations made to get someone’s license suspended or revoked, the allegation would assert that Perdigao was a “danger to clients and the public.” That is the standard language asserted.
Without knowing more, the article would seem to be implausible and confused as written.
NAAS, that was funny – the Mr. NAAS part, that is, nothing about the rest of this is funny at all; and, I hope his parents and attorneys aren’t so frustrated with him that they lose sight of his mental health needs/history or let others do likewise.
I believe you’re right, Sally. I’ve read about attorneys who were given an interim suspension due to “threat of harm” because they didn’t have sufficient funds to manage the affairs of their clients.
I don’t think it’s a “physical” harm or threat.
That language originates in the Rules of Professional conduct. The language gets tracked in petitions, findings and recommendations, opinions, etc. It is language that tracks the Rules. It is not a medical diagnosis.
It would be a determination that a person’s conduct amounts to him being a danger to clients and the public.
Like when an attorney misappropriates client funds. That would be conduct found to be a danger to clients and the public.
A legal conclusion, not a medical diagnosis.
I agree, Sally, but a medical diagnosis can indicate a cause of problematic behavior. For example, alcoholism is a fairly common problem I would think, more than addiction to gambling or drugs but those would be common, too. I’ve read of cases when individuals reapply for their license after treatment. I’m not suggesting those are issues for Perdigao but do think the fact that he had a psychological evaluation could be significant – even if it wasn’t considered at the time his license was suspended.
Apparently, Perdigao had a psychological evaluation to support his request for disability/inactive status. That is all I can glean from the information.
Nowdy,
It is somewhat interesting that he lived with the girlfriend all these months without being discovered. But, until he accessed the computer, he probably wasn’t considered much of a security threat. With so many to watch, he probably was low on the list of priorities.
Do you think the girlfriend disclosed the St. Tammany arrest? I keep wondering what she had to say about all his computer activity. I also wonder if she wasn’t on the hook for some kind of charges for letting him stay at her house and not notifying the authorities.
We may be seeing some kind of motion for his mental evaluation by one or both sides, real soon.
In doing some research it has been discovered that Perdigao’s girlfriends house in Metairie was paid off a month after the Harrah’s tax refund was stolen by Perdigao. This may explain why she stayed with him.
Can you tell how the mortgage was paid off? How much was the mortgage when it was paid off?
Not sure how it was paid off but it was in the $70,000 range.
Do you remember if the tax check was more than $70k?
The tax check was more than enough to cover Perdigao paying off his girlfriends house. The stolen tax refund was for $465,000