Breaking the rules of white collar defense

Robert Shapiro, the L.A.-based criminal defense attorney who put together O.J. Simpson‘s criminal defense team, writes this Wall Street Journal ($) op-ed today in which he takes issue with a number of tactics that Martha Stewart and her defense team took in defending Martha. Mr. Shapiro is particularly critical of Martha’s belief that she could personally persuade prosecutors that she had not lied about the stock sale and, in so doing, makes this salient point about litigating with the government:

While everyone entertains the fantasy of being publicly and dramatically vindicated by a “not guilty” verdict, the fact is that as a defendant the odds are stacked against you at trial. In white-collar cases, particularly federal ones, prosecutors tend to be very experienced, highly skilled, and extremely able. What’s more, they are backed up by almost unlimited investigative resources, as well as by laws that give them ready access to financial records. In short, the playing field is hardly level.

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