David Finn – A Dallas Criminal Defense Lawyer

a self-written blog detailing the professional life of David Finn

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D Magazine’s “Best of Dallas 2013” Issue – Best Lawyers in Dallas.

May 22nd, 2013 · 3 Comments

I am proud to be listed in D Magazine’s Best of Dallas issue again. It’s always nice to be recognized by your peers and the community.

D Magazine – Best Lawyers in Dallas

How The Winners Are Picked: (per D Magazine)
To compile our list of the best 391 lawyers in Dallas, we asked lawyers with a valid Texas bar number to designate their primary area of practice. We then asked them to nominate two lawyers outside their firm and one within their firm in their area of practice, keeping the following question in mind: which Dallas lawyers, of those whose work you have witnessed firsthand, would you rank among the current best? Answers may include co-counsel, lawyers you have observed in court, and opposing counsel. After the votes were tallied, a panel of eminent lawyers met with our editors to evaluate the Best Lawyers in Dallas 2013 list. Self-nominations were not counted. The panel’s anonymity was assured to allow the lawyers to speak freely about issues regarding their peers that would be known only to the legal community. Voting was conducted exclusively at dmagazine.com. After this list was completed, we turned a copy over to our sales staff. The sales department cannot add or subtract from the list. They in turn offer full-profile advertisements to the winners. The editors have no idea who purchases these ads, which are found in a special advertising section somewhere else in the magazine. If lawyers decline to buy an ad, they are still listed. No one can buy an ad in the special section unless he or she is included in this list.

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No indictment for Addison woman who took gun on airplane

April 3rd, 2012 · No Comments

A Tarrant County grand jury has declined to indict an Addison attorney who went through a security checkpoint at Dallas/Fort Worth Airport in January with a loaded .38-caliber revolver in a carry-on bag.

Judith Kenney, 65, had been charged with unlawful carrying of a weapon in a place where weapons are prohibited.

The panel’s members did not find probable cause for prosecutors to take the case to court, according to a news release from the Tarrant County district attorney’s office.

[Read more →]

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Highland Park family weighs options after son linked to TCU busts by mistake

February 16th, 2012 · No Comments

An attorney said Thursday that a prominent Highland Park family is “considering all options” against the Fort Worth Police Department a day after their son’s picture mistakenly appeared on an arrest warrant as a target in this week’s TCU drug busts.

“A public apology would appear to be in order, for starters,” said David Finn, attorney for the Carpenter family in Dallas. He would not rule out legal action.

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Dallas DA’s office issues more subpoenas in investigation of sitting judge

February 8th, 2012 · No Comments

The Dallas County district attorney’s office has subpoenaed two more courthouse employees — including a second judge — in its official-oppression investigation into Criminal Court Judge Julia Hayes.

Prosecutors began a grand jury investigation of Hayes and subpoenaed her after she held a prosecutor in contempt for not following a court order last week. The district attorney’s office this week also subpoenaed the judge’s court coordinator, Teresa Pigg-Curry, and Criminal Court Judge Angela King.

Attorneys for Hayes, Pigg-Curry and King on Wednesday questioned the actions of District Attorney Craig Watkins in launching the grand jury investigation and subpoenaing the women. The judges, like Watkins, are Democrats.

“This whole thing is, at best, bizarre. At worst, despicable,” David Finn, who represents Pigg-Curry, said Wednesday. “Somebody is giving District Attorney Craig Watkins some very bad advice.”

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David Finn Defends Gun Violation

January 25th, 2012 · 1 Comment

65-year-old Woman Says She Forgot About Gun Before Taking it on Plane

A 65-year-old Little Elm woman was arrested Wednesday morning after carrying a revolver aboard a plane at Dallas/Fort Worth International Airport.

Transportation Security Administration officials notified police about 6 a.m. that the woman had grabbed her belongings off a checkpoint conveyor belt and walked away before TSA agents spotted the .38-caliber handgun.

Judith Kenney’s lawyer, David Finn, said she had simply forgotten the gun was in her computer bag.
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Jury begins deliberations in concert assault case

July 13th, 2011 · No Comments

A jury will resume deliberations Thursday in the trial of a 20-year-old Plano man accused of sucker-punching a UCLA tennis player, resulting in a brain injury two years ago.

The jury of eight women and four men began deliberations about 2 p.m. Wednesday and stopped about 4:30 p.m.

Chancellor Jay Hutcheson is charged with second-degree felony aggravated assault and faces up to 20 years in prison. But because he doesn’t have a prior felony conviction, Hutcheson is eligible for probation.

Hutcheson is accused of hitting 22-year-old Jeffrey Fleming at Fair Park after a Rascal Flatts concert on June 13, 2009. Fleming fell to the ground, slamming his head against the pavement.

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Former head of Dallas’ Solar Soccer club indicted on charges he stole $800,000.

June 9th, 2011 · No Comments

The former chairman and president of one of Dallas’ biggest youth soccer clubs was indicted Wednesday on charges that he stole more than $800,000 from the Solar Soccer Club.

A grand jury indicted George David Ringer, 58, on two charges of theft and misappropriation of funds. In a bankruptcy filing last year, Ringer admitted owing Solar $900,000 — a debt he wanted a federal judge to cancel.

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David Finn Interviewed Regarding Felony Deportations

November 8th, 2009 · 1 Comment

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“Blood Oath” Sealed Stanford Deal, Court Is Told

August 31st, 2009 · 2 Comments

davis and criminal lawyer Finn
James M. Davis, Mr. Stanford’s chief financial officer, leaving court on Thursday with his wife, Lori, and lawyer, David Finn.

HOUSTON — R. Allen Stanford’s relationship with the chief regulator of his Antigua bank was closer than most.

At a meeting in 2003, they became blood brothers, cutting their wrists and mixing their blood in a “brotherhood ceremony? that Mr. Stanford’s chief financial officer said promoted an elaborate scheme to hide a multibillion-dollar fraud from American and other regulators.

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Former Stanford CFO Cooperates With Feds

August 29th, 2009 · No Comments

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Accused financier Stanford hospitalized hours before ex-finance chief pleads guilty

August 29th, 2009 · 3 Comments

Nola.com report on Stanford’s health

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Lawyer: Greed May Explain Former Stanford Associate’s Actions

August 27th, 2009 · No Comments

By Brenda Sapino Jeffreys
Texas Lawyer
August 31, 2009

After pleading guilty on Aug. 27 to three criminal charges that could put him in prison for 30 years, James M. Davis, the former chief financial officer for Stanford Financial Group and Stanford International Bank Ltd., expressed remorse for his actions that contributed to the downfall of the bank and began more than a decade ago.

“I did wrong. I’m sorry. I apologize,” the silver-haired, 60-year-old former banker told reporters outside the federal courthouse in Houston following his re-arraignment in U.S. District Judge David Hittner’s court.

David Finn, Davis’ criminal-defense attorney, told reporters that Davis, unlike most of his clients, fessed up to his wrongdoing from the first moment he came to his Dallas office.

“He had a heavy heart the first time I met him. He was very contrite,” Finn, a partner in Milner & Finn in Dallas, recalled from their initial meeting earlier this year. “James Davis came in and said, ‘I know I did wrong.’ ”
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David Finn – Stanford CFO Plea Interview

August 18th, 2009 · No Comments

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New Supreme Court Case-Criminal Law

April 28th, 2009 · No Comments

Arizona v. Gant, decided by the United States Supreme Court on April 21, 2009.

Held: Police may search the passenger compartment of a vehicle incident to a recent occupant’s arrest only if it is reasonable to believe that the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest.

This is an important case, imo.

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New York Times Article

April 22nd, 2009 · No Comments

CLIFFORD KRAUSS
Published: April 20, 2009
HOUSTON — R. Allen Stanford, the Texas financier accused of defrauding tens of thousands of bank depositors, said on Monday that he was not a thief. He denied that his operation was a Ponzi scheme and suggested that if any depositor money had been lost, it was largely a result of “Gestapo tactics? used by the government.

Robert Allen Stanford“I don’t think there is any money missing,? Mr. Stanford said. “There never was a Ponzi scheme, and there never was an attempt to defraud anybody.?

The government has said as much as $6 billion is missing.
[Read more →]

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Stanford Update-Bloomberg

April 9th, 2009 · 1 Comment

By Laurel Brubaker Calkins

April 9 (Bloomberg) — Stanford Group Co. Chief Financial Officer James M. Davis, accused by federal regulators of helping his boss, R. Allen Stanford, run a multibillion dollar Ponzi scheme, will enter plea negotiations with prosecutors.

Davis was sued by the U.S. Securities and Exchange Commission along with Stanford. Davis will negotiate to resolve potential criminal and civil liability related to a suspected $8 billion Ponzi scheme, his attorney said.

“We anticipate beginning those conversations as early as next week,? David Finn, Davis’s lawyer, said today in a phone interview. “Things are accelerating rapidly. We are starting to shift gears and starting to look forward for a resolution.?
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→ 1 CommentTags: Federal Law · Stanford · Texas · Uncategorized

Dallas Observer Stanford Story

April 9th, 2009 · No Comments

http://www.dallasobserver.com/2009-04-09/news/sec-says-texas-financier-sir-allen-stanford-swindled-investors-out-of-billions/

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“My Baloney has a first name, it’s A-L-L-E-N”…

April 7th, 2009 · 3 Comments

http://abcnews.go.com/Video/playerIndex?id=7273921

Native Texan R. Allen Stanford told ABC News that fraud allegations against him and his Stanford Financial Group companies are “baloney,? according to a report aired Monday.

In what the network said was Stanford’s first media interview since the Securities and Exchange Commission filed the civil fraud complaint, Stanford also denied the SEC’s allegation that he and codefendants operated a Ponzi scheme — in which early investors are paid with money from later ones.

“I would die and go to hell if it’s a Ponzi scheme,? Stanford said in what appeared to be an unplanned run-in with the television crew. “It’s not a Ponzi scheme. If it was a Ponzi scheme, why are they finding billions and billions of dollars all over the place??

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Holder Should Support Executive Order On Attorney-Client Privilege

April 7th, 2009 · No Comments

WASHINGTON, DC — The Coalition to Preserve the Attorney-Client Privilege issued the following statement on the Senate Judiciary Committee confirmation proceedings scheduled for January 15, 2009 on the nomination of Eric H. Holder Jr., to be Attorney General of the United States:
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Attorney-Client Privilege Reform Needed

April 7th, 2009 · No Comments

COALITION TO PRESERVE THE ATTORNEY-CLIENT PRIVILEGE
American Chemistry Council
American Civil Liberties Union
Association of Corporate Counsel
Business Civil Liberties, Inc.
Business Roundtable
The Financial Services Roundtable
Frontiers of Freedom
Lawyers for Civil Justice
National Association of Criminal Defense Lawyers
National Association of Manufacturers
Retail Industry Leaders Association
U.S. Chamber of Commerce

COMPREHENSIVE REFORM STILL CRITICALLY NEEDED TO PROTECT
ATTORNEY-CLIENT PRIVILEGE AND EMPLOYEE LEGAL RIGHTS
In response to growing concerns raised by Congressional leaders, former Justice Department officials, and many in the legal and business communities, the Department of Justice replaced the 2006 “McNulty Memorandum? in August 2008 with new corporate charging guidelines that direct U.S. Attorneys and Assistant U.S. Attorneys not to coerce companies and other organizations to waive their attorney-client
privilege or work product protections, or to pressure their individual employees to waive their own legal and constitutional rights during investigations in return for cooperation credit. The Securities and Exchange Commission subsequently issued a new Enforcement Manual in October 2008 that provides additional guidance on its privilege waiver policy outlined in the 2001 “Seaboard Report.? Though helpful,
the SEC’s new language still contains numerous loopholes and does not provide adequate protection for the privilege and employee legal rights.
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Stanford Update

April 7th, 2009 · No Comments

Stanford’s Davis Said to Be Aiding Search for Assets in Europe

 

By Laurel Brubaker Calkins

April 4 (Bloomberg) — Stanford Group Co.’s finance chief, James M. Davis, is helping investigators track European assets that might help repay victims of the suspected $8 billion Ponzi scheme involving Texas billionaire R. Allen Stanford.

“Jim Davis’s focus in the last week has been on European institutions and especially institutions in Switzerland,? Davis’s lawyer, David Finn, said yesterday in a phone interview. “Jim Davis is helping them follow the money trail, because it’s going to lead straight to Allen Stanford’s doorstep.?

Finn said he didn’t know how much money Davis has helped investigators locate so far.

The U.S. Securities and Exchange Commission sued Stanford, Davis and Chief Investment Officer Laura Pendergest-Holt, along with three Stanford companies, on Feb. 17 for allegedly running a “massive, ongoing fraud? through the sale of high-yield certificates of deposit by Antiguan-based Stanford International Bank.

The SEC suit claims Stanford skimmed $1.6 billion in personal loans from his companies. Finn said Davis earned a total of $4 million to $5 million after-taxes during 10 years as Stanford’s second-highest ranking officer.

“So when the government finds out where the money went, and whose pocket or pockets it went into, the difference between Davis and Stanford will become crystal clear,? Finn said.

Stanford Denial

Dick DeGuerin, a lawyer who has agreed to defend Stanford if the financier can access funds frozen by the court, has denied the company was a Ponzi scheme.

U.S. District Judge David Godbey in Dallas placed Stanford’s corporate and personal assets under the control of receiver Ralph Janvey, who is trying to locate and liquidate assets for the benefit of depositors. In a court filing, Stanford accused Janvey of “wasting? his assets.

“The receiver is wasting the assets of the Stanford entities and of R. Allen Stanford, rather than preserving them,? Stanford said in the filing he mailed to Godbey. The document isn’t publicly available. DeGuerin’s office provided a copy of the filing to Bloomberg News yesterday.

Stanford, 59, and Davis, 60, haven’t been criminally charged. Pendergest-Holt, 35, who was charged with criminally obstructing the investigation, has said through her lawyer that she is innocent.

Finn said a plea deal hasn’t been discussed during the “many, many hours? that Davis has been cooperating with investigators, beginning March 25.

“We’ve not spent one single second? negotiating a plea, Finn said. “When all the assets have been found that can be found, then we may turn to negotiations on the SEC and criminal fronts,? he said.

Kevin Callahan, an SEC spokesman, declined to comment in an e-mail.

The case is Securities and Exchange Commission v. Stanford International Bank Ltd., 3:09-cv-00298-N, U.S. District Court, Northern District of Texas (Dallas).

To contact the reporter on this story: Laurel Brubaker Calkins in Houston at laurel@calkins.us.com.

Last Updated: April 4, 2009 00:01 EDT

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NPR-Stanford

April 7th, 2009 · No Comments

Legal Affairs-NPR
Stanford Aide To Help In $8 Billion Fraud Probe

“We are fully cooperating with federal investigators. It’s a massive investigation that will take some time to resolve. We are ready, willing and able to answer questions truthfully and provide whatever assistance we can.? Attorney David Finn, who represents Stanford finance chief James M. Davis.

NPR.org, March 24, 2009 · The chief financial officer of the troubled companies owned by Texas billionaire R. Allen Stanford has promised full cooperation with federal investigators looking into an alleged $8 billion investment fraud, the man’s attorney said Tuesday.

Finance chief James M. Davis’ decision to work with investigators comes nearly two weeks after a court filing indicated he would assert his Fifth Amendment right against self-incrimination. Court documents said Davis would not “testify, provide an accounting or produce any documents” related to the Securities and Exchange Commission’s civil case, which accuses him and Stanford of running a Ponzi scheme.

Dallas attorney David Finn, who recently began representing Davis, said he could not comment on his client’s previous stance.

“We are fully cooperating with federal investigators,” Finn said. “It’s a massive investigation that will take some time to resolve. We are ready, willing and able to answer questions truthfully and provide whatever assistance we can.”

Finn said there will be “a time and a place” to address allegations of Davis’ involvement in what the government has alleged is an investment fraud centered on certificates of deposits sold at Antigua-based Stanford International Bank.

Davis was not promised leniency, Finn said. He is cooperating with both the SEC and the Department of Justice’s fraud unit, which has begun a criminal investigation.

“Nothing has been promised and nothing has been asked for,” Finn said. “It’s premature to be discussing or contemplating any sort of negotiations along those lines.”

An SEC spokesman and a Justice Department spokesman declined to comment. In a criminal complaint filed against Laura Pendergest-Holt, the chief investment officer of the Stanford Financial Group, the FBI revealed it has been investigating Stanford’s companies since June.

Only Pendergest-Holt has been charged with a crime — obstructing the SEC’s investigation. Her attorney did not immediately respond to a request for comment.

Davis’ cooperation could help the government advance its case against Stanford, who has no attorney listed in connection with the investigation. Chuck Meadows, a Dallas attorney who represented Stanford at a hearing earlier this month, has withdrawn from the case.

About 85 percent of the 32,000 Stanford accounts that were frozen after a federal judge placed Stanford’s assets under control of a receiver have been released to investors. The remaining accounts are mostly CDs or bank accounts at Stanford International Bank in Antigua.

Although the names of some investors have been publicly reported, the receiver has agreed to keep their identities confidential. That’s a victory for those wishing for privacy, said Steve Malouf, a Dallas attorney who represents hundreds of South American investors, mostly from Ecuador and Venezuela.

“We all want the same thing,” Malouf said. “We want the receiver to collect as much as he can and return it to the account holders with as little deductions as possible.”

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