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In Violation Of American Bar Association Rules

The Clifton Review

The Clifton Review is a bi-weekly column that examines the question of the Clifton project along with the evolution of the war between two billionaires, the links to unsavory characters, the use of the courts for personal agendas, the involvement of a political party, and the attacks on the Government of The Bahamas.

We covered the start of this war with articles describing the battle over easement rights, the mysterious burning of a home, the blocks to rebuilding, and countless questionable court filings. This series of articles asks the needed questions and presents the arguments in full.

 

By P.J. Malone

Either some of the attorneys for hedge-fund billionaire Louis Bacon lack knowledge on what is ethical and not ethical, or they are intentionally violating their Bar Association rules.

We would imagine that Bacon’s lawyers are aware of the American Bar Association (ABA) Model Rules of Professional Conduct designed to ensure the proper and professional conduct of attorneys in the United States of America.

Nevertheless, the court document transcript of the secretly recorded meeting between Bacon’s representatives and Bobo and Toggie allegedly reveals Bacon’s representatives in constant back and forth contact with Bacon’s U.S. attorneys, supposedly in New York, negotiating and seeking approval for millions in payment to Bobo and Toggie to get incriminating information on fashion mogul Peter Nygard.

ABA Rule 3.4(b) in particular states, “A lawyer shall not falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law.”

The concern of the American Bar Association is that witnesses may falsify evidence (Ya think?) if given a payment (especially in the millions, we’d think) for their evidence. It suggests payments to fact witnesses being limited to reimbursement for reasonable time and expenses while giving testimony at a trial.

Can you imagine what the American Bar Association would say to the payment of $50,000 as a down payment to a witness for giving a statement (an affidavit) against someone? Can you imagine what the American Bar Association would say to the idea of paying witnesses millions of dollars to give information against an opponent to be able to help the lawyer’s case?

Well, this is allegedly what Bacon’s representatives were negotiating at the meeting with Bobo and Toggie, which they didn’t know was secretly being recorded. Here are some excerpts from their secretly recorded meetings from court document transcripts:

Bacon’s Operative, allegedly talking to Bacon’s lawyers in New York; the transcript reads:

“(ON THE PHONE) The totality of everything, for the whole thing, is, five million. Yeah. Right. So, the totality of that, and, for today, if you want his phone with all of that, all of the information on it, make a telephone call, get all of electronic messages, a complete statement from them, you know, reviewing who is on this hit list, they want a million and a half. I know. We are in the conference room of the hotel, so, we are going to stand by, and, wait for you yeah. This — yeah. Just, for your information, guys, our assessment is they, anything you want them to do, they can do it.”

Then this from Bacon’s Operative—allegedly reporting back to Bobo and Toggie after ending his reported conversation with the lawyers:

“The attorneys are calling; the people we deal with out there are not top partners of the law firm. We are dealing with people who are delegated to deal with this. So, now, they are talking to the partners, direct contact with Mr. Bacon negotiating.”

Bacon’s Operative allegedly stated this—explaining to Bobo and Toggie after his reported conversation with the lawyers:

“Well, they are very interested; they think the number was a little high, but, they said it is it is doable. They are very willing to pay very large sums of money for your cooperation.”

How could Save The Bays Director and attorney, Fred Smith go to court and make certain charges against Peter Nygard given these circumstances? Just in case you doubt Fred Smith’s likely knowledge of the meeting—at the very least—there’s this statement by Bacon’s Operative from the court document transcript:

“Fred Smith is, he is on his way, in the area here, he may stop in.”

So what does this mean exactly? What does a judge in our court system do with this?

This is the type of evidence that exists demonstrating that this entire affair is a very very fishy situation. And this is the case Fred Smith is saying to the judge, ‘let’s not have a trial; simply give us a summary judgment on this matter’.

Well, we shall see what we shall see.

Written by Jones Bahamas

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