Prosecutor Faces New Ethical Questions In Case Against Defense Attorney
Thursday, 13 August 2009 16:50   
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Law Firm Bulletin - Small Law Firm News

Attorneys defending a Columbus, Ga., lawyer accused of laundering money for his clients continue to question the actions of an assistant US Attorney in Georgia's Middle District.

The trial of lawyer J. Mark Shelnutt, scheduled to begin in Columbus Nov. 9, will raise ethical questions regarding, on the one hand, how far a criminal lawyer can go to collect legal fees from defendants whose only known means of financial support are apparently illegal activities and, on the other hand, the lengths to which federal prosecutors may legally and ethically go in attempting to secure a conviction.

Shelnutt's lawyers complain in court filings that Assistant US Attorney Jason M. Ferguson of Georgia's Middle District has negotiated unusually lenient plea deals with drug defendants who are expected to testify against Shelnutt. While it's not unusual for prosecutors to offer leniency to defendants in return for testimony that secures a case against another defendant, defense lawyers argue that because Ferguson and the entire Middle District prosecutorial staff have recused in the Shelnutt case, Ferguson shouldn't initiate deals that could influence Shelnutt's case. Ferguson also is expected to be a witness in the case after he secretly recorded Shelnutt during the federal investigation. The Southern District of Georgia is now handling the Shelnutt prosecution.

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