adjustercom.com
Michael Sullivan Associates
Home
News

 Features


Other Claims News
People
Forums
The Comp Examiner Directory
The Liability Adjuster Directory
Service Provider Directory
Post a Job
View Jobs
Resumes
View Resumes
Contact Us


 

Michael Sullivan Associates

 

The Comp Examiner Directory

 


Welcome Guest! | Login | Register with adjustercom
 
 
News

News Main Page

Email a Friend Email A Friend

More News

September 24, 2017
Justicia Legal Case Now Steeped In Discovery In Orange County

September 21, 2017
Jeffrey Campau And Landon Mirallegro Amongst Six Medical Providers Just Suspended For Fraud By California's Division Of Workers' Compensation

September 19, 2017
California Department of Workers' Compensation Posts Adjustments to Official Medical Fee Schedule (Hospital Outpatient Departments/ Ambulatory Surgical Centers)

September 17, 2017
Who's Paying For These High Powered Lawyers? Prosecution Gives Court Heads Up About Conflict Of Interest In Criminal Organization Munir Uwaydah Case In Downtown L.A.



Prosecution Files Petition For Court Inquiry Into Conflicts Of Interest Of Defense Counsel In Criminal Organization Munir Uwaydah Case
By Lonce Lamonte - September 10, 2017

On August 2nd 2017, the Los Angeles District Attorney’s office, led in this case of Criminal Organization Munir Uwaydah by lead prosecutor Dayan Mathai, filed a Petition to the court of Judge Larry Fidler to conduct an inquiry into conflict of interest issues for some defense attorneys representing defendants in this case. 

Specifically the Petition for inquiry is aimed most intensely at Benjamin Gluck, from the Century City law firm of Bird Marella. Gluck is cited as the most egregious example of a defense lawyer in a multitude of conflicts of interest with numerous present and past clients consisting of defendants, uncharged conspirators, and witnesses to this case.  Gluck ostensibly represents Paul Turley, a long-time Uwaydah devotee and lackey who presently is incarcerated; however the prosecution asserts vociferously that Gluck’s true loyalty is to Dr. Munir Uwaydah, the boss of the criminal enterprise and a co-defendant and co-conspirator with Turley.  This loyalty to Uwaydah undermines non-conflicted representation of Paul Turley. 


Munir Uwaydah circa 2008, copyright Lonce Lamonte, all rights reserved 

Benjamin Gluck has been the go-to lawyer for the entire criminal organization as a whole since 2010.  The prosecution feels and asserts that the potential conflicts pose a direct threat to the fundamental constitutional rights of the defendants, the integrity of the criminal justice system, and to the resilience of any resulting criminal convictions.     

It is believed by the prosecution that most-- if not all-- of the legal fees for all the defendants are being paid by Munir Uwaydah.  This puts each defendant at a material disadvantage as it threatens his constitutional rights given by the 6th amendment for independent, non-conflicted, legal representation.  It inhibits testimony adverse to Dr. Uwaydah across the board, since he’s picking up the tab, while it puts Uwaydah’s self-interest above each one of the defendants’.  

The prosecution asserts Gluck’s obligation is to represent Turley but because the companies in question were owned by either Uwaydah or another co-conspirator represented by Gluck, a massive conflict of interest presents itself.  The prosecutors state they have attempted to obtain conflict waivers but without success. 

The Petition explains that the law dictates special steps must be taken to ensure defendants are aware of any potential conflict that could deny them effective assistance of counsel.  The integrity of the court must keep aware of potential appellate challenges from compromising any jury verdict.


Lead prosecutor, Dayan Mathai, leaves the courthouse on August 22, 2016. He signed the Petition requesting a court inquiry into conflicts of interest highlighting defense attorney Benjamin Gluck on August 2nd 2017.  If the court finds the conflicts to be irreconciable even with the signing of waivers, Gluck could be recused from this case.  photo copyright Lonce Lamonte, all rights reserved

The prosecution quoted from a U.S. Supreme Court case (Wheat vs. United States 1988): “While the right to select and be represented by one’s preferred attorney is comprehended by the Sixth Amendment, the essential aim of the Amendment is to guarantee an effective advocate for each criminal defendant rather than inexorably be represented by the lawyer he prefers.”

In this 83-page Petition, the prosecution went on with, while discussing the Wheat case, that an effective advocate, as is due to each defendant by the U.S. Constitution is one who is “unhindered by a conflict of interests”.  

lonce@adjustercom.com, Lonce Lamonte, journalist; copyright adjustercom and Lonce Lamonte, all rights reserved

 
 

 Hot Jobs


Uncategorized
Writer
adjustercom
Anywhere

Uncategorized
Claims Analyst, Property & Casualty
Keenan & Associates
Torrance, CA

Adjuster / Examiner
Senior Claims Examiner, Workers' Compensation
Keenan & Associates
Torrance, CA

Attorney / Paralegal / Hearing Rep
Attorney
-NA-
Los Angeles and Santa Ana
View All Jobs

Sullivan & Associates New Fullerton Office

Build Your Brand

SLT Law

AN Investigations


    Copyright 2017 | Privacy Policy | Feedback |  

Web site engine's code is Copyright © 2003 by PHP-Nuke. All Rights Reserved. PHP-Nuke is Free Software released under the GNU/GPL license.