Attorney Arienne Irving’s December 4, 2009 Judgment of Acquittal pursuant to Fed. R. Crim. P. 29, raises the general issue of lawyers or clients who might use illegal eavesdropping equipment to "research" an adversary. I previously wrote about violating privacy laws via eavesdropping at "Attorney Christensen’s Wiretap Conviction". That article explained how former attorney Terry Christensen had, (while representing billionaire husband Kirk Kerkorian), conspired to eavesdrop on a wife’s telephone conversations.
In Ms. Irving’s case, she and Attorney Robert Simels were indicted for suspected witness tampering and for allegedly possessing and shipping illegal eavesdropping equipment in derogation of 18 U.S.C. §§2512 (1) (a) & (b). According to a DEA press release, a client of Mr. Simels and Ms. Irving had earlier used this eavesdropping equipment in Guyana to research or "target" apparent adversaries, some of whom were later murdered.
As set forth in my "Asset Search News Roundup" for September 10, 2009, a jury returned a guilty verdict against Mr. Simels and he was sentenced to 168 months of prison. Despite the same trial jury reaching the guilty verdict below regarding Ms. Irving, the Court acquitted her as previously mentioned.
(To Read The Jury’s Verdict Sheet, Click On It)
Copyright 2009 Fred L. Abrams