United States v. Caramadre

892 F. Supp. 2d 397, 2012 WL 4242770, 2012 U.S. Dist. LEXIS 135160
District Court, D. Rhode Island·Decided September 20, 2012·No. Cr. No. 11-186 S·Published·Cited by 2 cases

Opinion

[400]*400MEMORANDUM AND ORDER

WILLIAM E. SMITH, District Judge.

Before the Court is the government’s motion to disqualify Anthony Traini, Esq. from serving as Defendant Joseph Caramadre’s co-counsel based on a purported conflict of interest. For the reasons articulated below, the government’s motion is denied.1

I. Background2

Defendant Caramadre has been charged with sixty-six counts, including wire fraud, mail fraud, conspiracy, identity fraud, aggravated identity theft, money laundering, and witness tampering, in connection with an investment scheme in which Caramadre and co-Defendant Raymour Radhakrishnan allegedly victimized elderly and terminally-ill individuals.

The government’s motion to disqualify Attorney Traini arises out of Traini’s representation of Edward Maggiacomo, Jr., a former target in the government’s investigation and a key witness in the government’s case. Maggiacomo is a licensed insurance broker who has worked with Caramadre since 1995 and was involved in Caramadre’s alleged investment scheme. He is named in the indictment as an unindicted co-conspirator.

Maggiacomo entered into a non-prosecution agreement with the government on May 6, 2011. He then testified before the grand jury on June 16, 2011, about his knowledge of and involvement in Defendants’ allegedly fraudulent investment scheme. Traini negotiated the non-prosecution agreement on Maggiacomo’s behalf, and he represented Maggiacomo throughout the grand jury proceedings.3 Maggiacomo has since retained Attorney Bethany Macktaz to represent him for the remainder of this criminal proceeding.

Though Traini no longer represents Maggiacomo in the instant case, Traini continues to represent Maggiacomo in civil proceedings4 and in a Securities and Exchange Commission (“SEC”) investigation related to the investment scheme. The civil suits have been stayed pending the resolution of this criminal matter and the government has informed the Court that the SEC investigation is ongoing. (Gov’t Mot. to Disqualify Hr’g Tr. 17, July 25, 2012.)

At some time prior to June 2012, Caramadre asked Traini to assist his lead counsel, Attorney Michael Lepizzera, in his representation. Given the looming November 2012 trial start date, Caramadre sought Traini’s assistance for his defense due to Traini’s familiarity with the facts and law of the case.

Before agreeing to represent Caramadre, Traini first sought to obtain a conflict waiver from Maggiacomo. Traini contacted Maggiacomo and thoroughly discussed with him the potential conflicts that could arise if Traini represented Caramadre in the trial at which Maggiacomo is expected [401]*401to testify. Traini explained the pertinent Rules of Professional Conduct, and set forth the limitations on his representation of Caramadre, namely that Traini would not participate in the cross-examination of Maggiacomo, assist Attorney Lepizzera in his preparations for cross-examining Maggiacomo, nor make any statements about Maggiacomo’s credibility during opening statements and closing arguments. After Maggiacomo consulted with independent counsel, Traini obtained Maggiacomo’s oral consent, which he later confirmed in a letter detailing their previous conversations and requesting Maggiacomo’s written consent.

Upon receiving Maggiacomo’s written consent, Traini discussed with Lepizzera and Caramadre the potential conflicts that may arise from the representation. Traini explained that the attorney-client privilege prevented him from disclosing any confidential information he learned while representing Maggiacomo and that if Maggiacomo was called to testify against Caramadre, Traini would not cross-examine him, nor would he assist Lepizzera with his preparations for cross-examining Maggiacomo. After Lepizzera and Caramadre discussed these potential issues and limitations, Caramadre provided his written consent accepting the role Traini would play as co-counsel.

By the time Traini entered his appearance on behalf of Caramadre on June 14, 2012, both Maggiacomo and Caramadre had executed written conflict of interest waivers. Additionally, Traini represented to the Court that he has no impeachment information about Maggiacomo or information on Maggiacomo’s involvement in this case that was not previously disclosed to the government. Traini further maintains that Maggiacomo has not waived the attorney-client privilege, nor is Maggiacomo required to waive such privilege in order for Traini to represent Caramadre.

The government filed its motion to disqualify Traini on June 18, 2012. Following extensive briefing by the parties, argument was held on July 25, 2012. During the hearing, the Court conducted an extensive inquiry of Caramadre and Maggiacomo regarding their waivers of the conflict associated with Traini’s representation of Caramadre.

In addition, Lepizzera and Traini submitted documents at the hearing for in camera review. These documents detail the comprehensive process Traini and Lepizzera engaged in to ensure that Caramadre’s and Maggiacomo’s waivers were knowing and voluntary.

II. Discussion

In support of its motion, the government sets forth several grounds for the disqualification of Attorney Traini. First, the government asserts that Traini’s conflict of interest is so egregious that it is unwaivable, given Maggiacomo’s position as a key government witness. Second, the government argues that the “Chinese Wall” proposed by defense counsel to insulate Traini from matters involving Maggiacomo’s credibility does not cure the conflict. Third, the government maintains that both Caramadre and Maggiacomo will be prejudiced if Traini is allowed to represent Caramadre, as Traini necessarily must either betray his duty of loyalty to Maggiacomo or provide ineffective assistance to Caramadre. Lastly, the government cites a host of ethical considerations in support of its contention that the Court must disqualify Traini in order to preserve the integrity of the adversarial process.

Caramadre objects to the government’s motion to disqualify, asserting his Sixth Amendment right to choice of counsel. Caramadre maintains that the various Rules of Professional Conduct cited by the government are inapplicable. He also con[402]*402tends that the government has failed to show an actual or potential conflict of interest and, thus, Traini’s representation of Caramadre does not undermine the integrity of the proceedings. However, the core of Caramadre’s opposition is based upon his and Maggiacomo’s knowing, intelligent, and voluntary waivers of any conflict, which he asserts are sufficient to protect their rights.

To begin, it must be remembered that we are dealing with a Defendant’s exercise of a Constitutional right. In criminal prosecutions, the Sixth Amendment guarantees a defendant the right “to have the Assistance of Counsel for his defence.” U.S. Const, amend. VI. Moreover, the United States Supreme Court has interpreted the Sixth Amendment right to counsel to include a criminal defendant’s right to secure counsel of his choice. Powell v. Alabama, 287 U.S. 45, 53, 53 S.Ct. 55, 77 L.Ed. 158 (1932). Accordingly, the Court must give considerable deference to a defendant’s choice of counsel, United States v. Panzardi Alvarez,

Free access — add to your briefcase to read the full text and ask questions with AI

United States v. Caramadre, 892 F. Supp. 2d 397, 2012 WL 4242770, 2012 U.S. Dist. LEXIS 135160 (D.R.I. 2012).

892 F. Supp. 2d 397 (United States v. Caramadre) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

United States v. Lorenzana-Cordon
125 F. Supp. 3d 129 (District of Columbia, 2015)
Christine Falls Corp. v. U.S. Bank National Ass'n
546 F. App'x 13 (Second Circuit, 2013)