Legal Malpractice

Mega Political Legal Malpractice and Fraud Case

By (Andrew Lavoott Bluestone)

This case, which was reported by Anthony Lin of the New York Law Journal involves at least 2 huge political names, and some off-shore investments.  Mr. Giuliani needs no introduction;  Mr. Hutchinson was a US Attorney, head of the DEA and a US Representative who was a manager in the Clinton Impeachment trial.

"A state judge has thrown out a fraud and legal malpractice suit against a prominent Manhattan litigator and the three firms. Retired Texas oil executive J. Virgil Waggoner last July sued Kenneth A. Caruso, a partner in the New York office of Bracewell & Giuliani, for allegedly conspiring in the theft of a $10 million investment the lawyer had been retained to recover. The suit also named Bracewell & Giuliani as a defendant, as well as tChadbourne & Parke and Pillsbury Winthrop Shaw Pittman, the other firms at which Mr. Caruso worked while representing Mr. Waggoner. Mr. Waggoner had made his ill-fated investment through a Caribbean Bank, and his lawsuit claimed Mr. Caruso failed to aggressively pursue claims against the bank because he was aligned with the alleged fraud's perpetrators.

. The judge declined to toll the six-year statute of limitations on fraud suits, finding that Mr. Waggoner had not diligently pursued his claims. The suit received considerable media attention last year because former Mayor Rudolph Giuliani, a name partner of Houston's Bracewell & Giuliani, was then engaged in a campaign for the Republican nomination for president. Mr. Caruso was a top aide to Mr. Giuliani at the Department of Justice and the Southern District U.S. Attorney's Office. Mr. Caruso was represented by Frederick Warder of Patterson, Belknap, Webb & Tyler and the three firm defendants appeared pro se. Mr. Waggoner was represented by James Mahon of Helms & Greene and Asa Hutchinson of Venable. Waggoner v. Caruso, 602192/07, will be published Wednesday."

Full post as published by New York Attorney Malpractice Blog on September 22, 2008 (boomark / email).