Friday, April 11, 2008

Martinelli v. International House (Cal. Ct. App. - April 11, 2008)

It was not a good day today for lawyers in the California Court of Appeal and the Ninth Circuit. At least in those cases in which they were parties.

On the criminal side, California attorney (and U. of Houston Law graduate) Geoffrey Mousseau loses his appeal of his conviction for five counts of bankruptcy fraud and conspiracy. "Sorry," the Ninth Circuit says, "but there was more than sufficient evidence of your guilt." Mousseau was previously sentenced to 21 months in prison (by my former colleage, now district court judge, Gary Feess, no less), and resigned from the Bar last year. Parenthetically, Mousseau hasn't had any greater success in the California Court of Appeal either.

On the civil side, California attorney (and San Fernando College of Law graduate) Marie Martinelli didn't win either. She wanted the California Court of Appeal to reverse the dismissal of her libel and slander lawsuit, in which she claimed that defendant defamed her by claiming that she illegally asked it not to report her niece to Immigrations and Customs Enforcement for overstaying her student visa. Justice Rothschild, however, says: "No dice."

On the upside, at least Ms. Martinelli doesn't have to go to prison.