San Francisco, CA—One of the top 30 trial lawyers in the United States, James Brosnahan first realized he wanted to practice criminal law before he even went to law school.

Once he graduated, he was plunged directly into the deep end.  “My very first trial was a first degree murder case,” Brosnahan recalled in a recent interview with laws.com.  “Of course, at that time, it was a very big case for me.  It was in the Pima reservation, south of Phoenix.”

(More on News at LAWS.com, Contact Alberto for interviews “support@laws.com”)

Brosnahan has been practicing law for over 50 years, most recently at Morrison & Foerster, recently named 2013 Law Firm of the Year by Chambers Global.  In half a century of practicing law, the situation has changed substantially for criminal defendants.

“Today, it is extremely difficult for criminal defense lawyers to practice law, because of the federal sentencing guidelines,” he explains.  “They basically convert humans into mathematical statistics.”

These sentencing guidelines have led to an increase in plea agreements.  Making the decision to plea bargain or go to trial is rarely an easy one, according to Brosnahan.  “Before going to trial or taking a plea deal, I always analyze the future of my client.  What is this plea deal going to do for my client's future?  What is it that I can do to benefit my client's future?  And—most importantly—what does the client want to do?”

After representing clients in a number of high profile cases, Brosnahan has his pick of cases today, specializing in over 25 areas of practice.  “I choose cases if there is an interesting issue in the case,” he says.  “What really gets me going is if the government has overreached, and they oftentimes do.  I like to resist that, and find out how to do things within the rules, because they're hardly ever what the government thinks they are.  Many times, the defendant is not guilty of what they were charged with.”

Brosnahan believes that it's hard to overestimate the role of individual jurors and jury selection during trial.  “I don't think I knew enough human psychology when I first started, and I did not comprehend the real dynamics of jury deliberations,” he says.  “I thought early on that the outcome of the case was all based on my performance, but it turned out that the jury plays a much bigger role than I thought.”

Taking high profile, difficult cases, including for defendants like John Walker Lindh, has led to media attention—and the press can be tough to deal with.  “What I have learned from working on these high-profiled cases is to not let the spotlight change or influence the integrity of my work.”  While it can be tempting to talk to the press, Brosnahan cautions younger attorneys: “The only audience that matters is the judge and the jury, so a lot of attorneys have to be extremely careful not to let the media bully them around.”

When getting started in criminal defense, Brosnahan says that it's critical to know how you appear and sound in court.  “Practice your delivery as much as possible.  Public speaking is essential in this practice, so you must find as many opportunities to speak to a large audience as possible.  It also doesn't hurt to read a few biographies of notable criminal defense attorneys to have a better understanding of the practice.  What has worked for me—and what I highly recommend—is to talk to criminal defense attorneys who have the time and patience to answer questions.”

Morrison & Foerster strives to be an extremely well-balanced law firm, providing a broad range of services. With more than 1,000 lawyers in 16 offices in key technology and financial centers in the United States, Europe and Asia, their clients include some of the largest financial institutions, investment banks, and Fortune 100, technology and life science companies. To learn more about James Brosnahan and his practice, click here.

On October 19, 2012, the US Attorney’s Office for the Southern District of Texas announced that Gerardo Castillo-Chavez from Tamaulipas, Mexico, received life in prison plus 40 years for murders that were linked to the Gulf Cartel and Zetas.  The co-defendant, Eduardo Carreon-Ibarra, received 25 years in prison along with a former 20 year sentence.  

The charges come from a superseding indictment on February 17, 2010 that charged Castillo-Chavez and 33 other people with 47 counts of kidnapping, murder, drug conspiracy, money laundering, using juveniles to commit violent crimes, firearms violations and more.

During the trial, testimony was provided by a couple of Zeta hitmen who admitted to murders in Laredo in Texas, Nuevo Laredo in Tamaulipas, and Monterrey in Mexico.  Several other defendants testified about drug trafficking from Mexico to areas like New York City and Dallas.  Prosecutors with the United States presented evidence that proved the killing and kidnapping of two U.S. citizens in Nuevo Laredo as well.  

Castillo-Chavez was proved to work with the Gulf Cartel and Zetas between November of 2005 and April of 2009.  Testimony proved that Castillo-Chavez committed a double murder on April 2, 2006 and attempted two other people in March of 2006.  He was responsible for a grenade attack in Monterrey that killed four as well.  

Carreon-Ibarra was convicted of attempting to commit an assassination in a nightclub in February of 2006.  As he was waiting for a delivery of grenades at a local hotel, he was arrested before the assassination could take place.  Police found semi-automatic pistols and two fully automatic assault rifles in his possession.  

The investigation was headed by the Drug Enforcement Agency and the Laredo Police Department.  Multiple other federal and local authorities assisted in the investigation as well.  

Source: Federal Bureau of Investigation
 

On October 16, 2012, the US Attorney’s Office for the District of Maryland announced that Regina McCullom, also known as Regina Wilson, pleaded guilty to a gun charge and conspiring to rob an armored car when the car was transporting a large amount of cash.  

During a former guilty plea, McCullom admitted that she and her son, Erik Wilson, planned to rob an armored car at gunpoint.  Erik Wilson worked for Dunbar Armored and knew the robbery was going to occur on when the armored car was traveling throughout Washington D.C.  He acted surprised when the co-defendants robbed the armored car and made off with roughly $210,000.  

A second robbery occurred on April 29, 2009.  McCullom drove her son and David Howard to an apartment complex in Silver Spring, Maryland where they put on fake beards.  McCullom waited with the first vehicle as Howard and Erick Wilson left in another vehicle to rob a Dunbar truck.  The second robbery occurred on New Hampshire Avenue, and Wilson was able to steal $160,000 and the Dunbar guard’s handgun.  

The two men then traveled back to the apartment complex and met McCullom.  She left in a taxi with the money and handgun in a duffel bag.  She returned home and met her son and Howard at a hotel in Columbia.  They divided the cash in a room.  

Erick Wilson and David Marquise Howard pleaded guilty to the two armed car robberies.  They will be sentenced on November 20-21 of 2012.  

McCullom pled guilty to the first armored car robbery and was sentenced in 2009.  After pleading guilty to the second armored car robbery, she now faces a maximum penalty of 20 years in prison for conspiracy and a minimum of five years for aiding and abetting with a firearm during a crime of violence.  She can receive life in prison for the firearm charge as well.  

Source: Federal Bureau of Investigation

On October 17, 2012, the Department of Justice announced that Manssor Arbabsiar plotted to assassinate the Saudi Arabian Ambassador to the United States.  The Department of Justice states Arbabsiar worked with Iran and held both Iranian and U.S. passports.  

During his superseding indictment, he faces three counts.  The first count charges Arbabsiar with traveling for foreign commerce and planning murder-to-hire commission.  The second count charges Arbabsiar with conspiracy and the third count charges him with attempting to commit a crime against the United States.  He faces a maximum of 25 years in prison, and since he is already 58 years of age, he may spend the rest of his life in prison.  

During his guilty plea, Arbabsiar admitted that he discussed the crimes with ranking officials in Iran’s military during the fall of 2011.  He then traveled to Mexico several times in 2011 to meet a person he believed was part of a drug cartel and could hire to assassinate the ambassador.  The person was actually an undercover DEA agent.  He discussed plans to kill the ambassador at a restaurant in Washington, D.C., and he set up installments for a $100,000 down payment with the undercover DEA agent.  

Arbabsiar and the Iranian military planned to give the undercover agent a total of $1.5 million for the assassination.  In early August of 2011, Arbabsiar sent two different overseas wire transfers totaling $100,000 to the undercover agent’s account.  

Arbabsiar tried to fly into Mexico on September 28, 2011, but he was denied entry and forced to return to his last point of departure.  He was arrested by FBI agents at JFK International Airport on September 29, 2011.  

DEA Administrator Michele M. Leonhart stated, “The dangerous connection between drug trafficking and terrorism cannot be overstated, and this case is yet another example of DEA’s unique role in identifying potentially deadly networks that wish to harm innocent Americans and our allies worldwide.”  

Source: Federal Bureau of Investigation
 

On October 17, 2012, Immigration and Customs Enforcement announced that Eric Prokopi of Gainesville, Florida, was arrested for illegally importing multiple dinosaur fossils into the United States.  He was arrested by ICE Homeland Security Investigations (HSI) agents.  

The complaint against Prokopi states he conspired to import at Tyrannosaurus bataar skeleton from Mongolia, a Saurolophus angustirostris skeleton from Mongolia, and a Microraptor skeleton from China.  Prokopi is charged with one count of conspiring to smuggle illegal goods, one count of possessing stolen property, and one count of making false statements.  He faces a maximum sentence of 35 years in prison.  

According to court documents, Prokopi owns a business in Florida called “Everything Earth,” and he describes himself as a commercial paleontologist.  He trades partial skeletons, but he unlawfully transported fossils from foreign countries from 2010 to 2012.  The fossils from Mongolia are the only ones of their kind, and they lawfully belong to the Mongolian government.  

The Tyrannosaurus bataar fossil is about 70 million years old, and Prokopi misrepresented the contents of the package when he imported it into the United States.  The skeleton was later sold at an auction in New York City for over $1 million.  

Prokopi sold three other fossils from Mongolia as well.  He sold a Saurolophus angustirostris fossil to the I.M. Chait gallery in California, and he also sold two fossils of a Gallimimus and Oviraptor mongoliensis.  He imported fossils of a small flying dinosaur called a Microraptor from China.  

Manhattan U.S. Attorney Preet Bharara stated, “As alleged, our recent seizure of the Tyrannosaurus bataar skeleton from Eric Prokopi was merely the tip of the iceberg—our investigation uncovered a one-man black market in prehistoric fossils.  In addition to our commitment to ensuring that these relics are returned to their countries of origin, we are equally committed to shutting down Prokopis illegal business and holding him to account for his alleged crimes.”

Source: U.S. Immigration and Customs Enforcement

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