LAWYER BROKE PUBLIC TRUST

http://www.valleymorningstar.com/news/local_news/article_bf14ba40-5fab-11e3-b7d0-001a4bcf6878.html Feds: Lawyer broke public trust Say Rosenthal betrayed his profession Story Comments Print Create a hardcopy of this page Font Size: Default font size Larger font size 4 New Evidence Marc Rosenthal Posted: Saturday, December 7, 2013 11:00 pm By EMMA PEREZ-TREVINO Valley Morning Star A federal judge found that “a lawyer holds a position of public trust” in the administration of justice in recently sentencing Austin attorney Marc G. Rosenthal to 20 years in federal prison for bribery and other charges. Amid defense objections, U.S. District Judge Andrew S. Hanen issued the public trust-ruling that in part impacted the range of punishment for the 51-year-old attorney convicted of 11 charges of racketeering, conspiracy, bribery, extortion, tampering and mail fraud. The charges included bribing former-404th state District Judge Abel C. Limas in exchange for favorable court rulings, and paying people for false statements, testimony and to pose as witnesses in civil lawsuits. Slightly before sentencing, Assistant U.S. Attorney Oscar Ponce, who requested the 20-year sentence for Rosenthal, referred to an opinion piece that State Bar of Texas President Lisa Tatum recently penned regarding integrity in the profession. Ponce, as she, also referred to that portion of the Texas Lawyer’s Creed that states: “I am a lawyer. I am entrusted by the People of Texas to preserve and improve our legal system … I am committed to the Creed for no other reason that it is right.” Ponce told the court that Rosenthal had done everything he could to shut down the system with his compulsive unilateral actions. In a release following the sentencing, U.S. Attorney Robert Pitman said: “Marc Rosenthal and the public officials with whom he conspired not only betrayed their professional ethical obligations but actively sought to corrupt the very legal processes that were designed to do justice.” “Sadly, innumerable honorable acts performed by honest lawyers and public officials are undone in the eyes of the public when the Marc Rosenthals of our profession violate the public trust for personal gain,” Pitman added. Ponce had earlier said that Rosenthal’s actions were far reaching and would impact the legal system and judiciary for years to come. Defense attorney Paul G. Kratzig told the court shortly before sentencing that Limas, as a judge, had had a higher responsibility and that when the investigation evolved, Limas “absolutely folded” and “made a deal.” Kratzig told Hanen that Rosenthal went to trial as it is his right to do. Kratzig noted that Limas’ six-year sentence reflected his cooperation, and that Hanen should not give Rosenthal a sentence that is not in parity with Limas’. Kratzig also argued that Rosenthal had been stripped of his freedom, property and future, and that the only thing he was facing is incarceration. “Send the message you need to send,” Kratzig told the court, adding, “Hopefully, he can adjust and make the most of the situation.” Defense attorney Ernesto Gamez Jr. also urged the court to try Rosenthal “like everybody else.” Gamez also told Hanen that he did understand that Hanen was somewhat limited by federal sentencing guidelines. Hanen indicated that irrespective of the guidelines, he would have sentenced Rosenthal to 20 years in jail. With Rosenthal’s conviction and sentencing, the State Bar of Texas’ Office of Chief Disciplinary Counsel is now able to file an action for compulsory discipline before the Board of Disciplinary Appeals and seek Rosenthal’s disbarment, Public Affairs Administrator Claire Mock said Friday. Hanen also directed Rosenthal to make $13,288,984 in restitution. Hanen recommended that Rosenthal be placed at a facility at or near Bastrop or Texarkana and where Rosenthal’s medical needs can be adequately addressed. Eperez-trevino@valleystar.com