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Stephen Yagman

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Stephen Yagman (born December 19, 1944) is a former federal civil rights lawyer and advocate. He had a reputation as an effective counsel and advocate, particularly in cases regarding allegations of police brutality, and as a "pugnacious civil rights lawyer."

On November 22, 2010, Yagman was disbarred, based upon federal convictions, on June 22, 2007, for tax evasion, bankruptcy fraud, and money laundering. Yagman contended that the IRS had selectively and vindictively prosecuted him, ignoring the difference between tax avoidance, which is legal, and tax evasion, which is not, because, as Idaho Special Prosecutor (1997–2001), he prosecuted homicide charges against FBI sniper Lon Horiuchi for allegedly murdering Vicki Weaver at Ruby Ridge, Idaho in 1992 and because on January 19, 2002 he brought the first Guantanamo Bay detainee case and won it on December 18, 2003.

Yagman's federal convictions, and his disbarment, were both affirmed on appeal by the United States Court of Appeals for the Ninth Circuit.

Youth, education and early career

Stephen Yagman was born in 1944 in Brooklyn, New York to working-class parents. His father was a dental technician and his mother was a secretary. Yagman attended Abraham Lincoln High School. After attending the State University of New York at Buffalo, he then graduated from Long Island University in Brooklyn. He received a B.A. in American History, with minors in philosophy and political science, and later earned an M.A. in philosophy from New York University. He attended Fordham University School of Law, receiving his JD in 1974, where he was on the dean's list and received the Jurisprudence Award of the Guild of Catholic Lawyers. During graduate school and law school, Yagman taught (English, remedial reading, social studies, economics, and Spanish) in the New York City public school system in Harlem and Bedford Stuyvesant from 1967-74. From 1967 until their divorce in 1994, he was married to Marion R. Yagman, with whom he practiced law for many years after their divorce.

Legal career

Yagman's legal career began before he graduated, as an attorney-intern with the New York City Legal Aid Society. Yagman was mentored by former N.Y. City Legal Aid Society director Martin Erdmann, attorney Charles Garry, house counsel to the Black Panther Party, and former U.S. Attorney General, Ramsey Clark. After graduating law school, he was appointed to the office of the New York State Attorney General as an Assistant Special Prosecutor for Nursing Homes.

In 1986, Yagman successfully challenged a proposed nationwide suspension of federal jury trials due to budget shortfalls, in Armster v. U.S. Dist. Ct., 792 F.2d 1423 (9th Cir. 1986). In a unanimous opinion in a related proceeding, Armster v. U.S. Dist. Ct, 817 F.2d 480 (9th Cir. 1987), Judge Stephen R. Reinhardt said, "Yagman's vigilance in the protection of his clients' constitutional rights served all citizens. His fortitude and tenacity in the service of his civil rights clients exemplifies the highest traditions of the bar." University of California Irvine's Law School Dean Erwin Chemerinsky stated that Yagman had been "particularly important to bringing challenges to police abuse ... helped to develop the law in this area in a very positive way and represented a lot of people who needed counsel."

In 1994, Yagman successfully represented one of the groups that opposed implementation of California Proposition 187.

On November 12, 1997, Yagman was sworn in by U.S. Dist. Judge Robert M. Takasugi as Special Prosecutor for the State of Idaho to prosecute FBI sniper Lon T. Horiuchi in the August 22, 1992 Ruby Ridge killing of Vicki Weaver (where he also served pro bono). In 2001, Yagman won a decision from the U.S. Court of Appeals for the Ninth Circuit declaring that federal law enforcement agents did not enjoy sovereign immunity and could be prosecuted criminally for state law homicide. Idaho v. Horiuchi, 253 F.3d 359 (9th Cir. 2001)(en banc). In January 2002, Yagman brought, pro bono, the first case seeking habeas corpus relief for Guantanamo Bay detainees, and in December 2003, won the first case in which it was declared that Guantanamo detainees were entitled to seek habeas corpus relief in United States courts. Gherebi v. Bush & Rumsfeld, 374 F.3d 727 (9th Cir. 2004).

In County of Los Angeles v. U.S. Dist. Ct. (Forsyth v. Block), 223 F.3d 990 (9th Cir. 2000), federal Ninth Circuit Chief Judge Alex Kozinski noted that Yagman: "has a formidable reputation as a plaintiff's advocate in police misconduct cases; defendants in such cases may find it advantageous to remove him as an opponent." Some of his most notorious cases involved the Los Angeles Police Department and the Los Angeles County Sheriff's Department . On December 19, 2014, U.S. District Court Judge Dean D. Pregerson called Yagman a "highly experienced attorney] and awarded him fees at the rate of $750 per hour and credited him with putting an end to the custom of prisoners being forced to sleep on jail floors.

Yagman lodged complaints of judicial misconduct against U.S. District Judge Manuel Lawrence Real which, according to one commentator, "were at the center of the controversy over the effectiveness of the federal judicial disciplinary system and exerted a uniquely powerful influence on subsequent attempts at reform." The United States Judicial Conference cited the Yagman disciplinary case in adopting its 2008 nation-wide procedures for handling complaints of misconduct against federal judges. In his 2011 book, Lawyers on Trial, UCLA School of Law Professor of Law Emeritus Richard L. Abel rated Yagman as a "highly competent, dedicated lawyer who is a champion of unpopular causes".

Criminal conviction

After an investigation by the IRS Criminal Investigation Division, the United States Postal Inspection Service and the Federal Bureau of Investigation, attempting to evade the payment of more than $100,000 in federal income taxes by concealing his assets and committing bankruptcy fraud. Evidence presented during trial alleged that Yagman filed federal income tax returns for the tax years 1994 through 1997, but paid only a small portion of the taxes that, according to his own returns, were owed to the Internal Revenue Service.

As a result of the underpayment, Yagman accumulated federal income tax liabilities for those four years that, with interest and penalties, totaled more than $158,000. During the four years, Yagman also failed to pay significant amounts of federal payroll taxes owed by his law firm, which was then called Yagman & Yagman, P.C. Instead of paying these overdue federal taxes, Yagman engaged in a scheme to conceal his assets and to impede the collection efforts of the IRS. As part of the scheme, Yagman deposited hundreds of thousands of dollars into various bank and brokerage accounts in his girlfriend's name to disguise his personal assets. Yagman used the accounts to pay for personal purchases and to conduct the majority of his personal financial transactions.

On June 22, 2007, a federal jury convicted him of 19 felony counts, consisting of one count of attempting to evade the payment of taxes, one count of bankruptcy fraud and 17 counts of money laundering (engaging in monetary transactions in criminally-derived property).

Writings

Yagman has written two national legal practice books, Section 1983 Federal Jury Practice and Instructions (West Publishing, 1998, ISBN 0-314-22826-8), and Police Misconduct and Civil Rights, Federal Jury Practice and Instructions (Thomson Reuters West, 2002, ISBN 0-314-10293-0), a play, Guantanamo, Act IV (Beyond Baroque, 2004), and hundreds of newspaper columns.

Sources

  • Los Angeles Reader, “L.A.P.D. Death Squad”, April 10, 1992, cover
  • Los Angeles New Times, “Cop Cruncher”, October 2, 1997, cover
  • Los Angeles Times Magazine, “One Angry Man”, June 28, 1998, cover
  • California LawBusiness, “Sympathy for the Devil”, November 6, 2000, cover
  • Jerome Herbert Skolnick and James J. Fyfe, Above the Law, Police and the Excessive Use of Force (Free Press, 1993), pp. 17–18, 146-64, 203.

References

  1. National Law Journal, pg. 1, February 28, 2011, "Yagman unbowed, but getting on with life"
  2. ^ Los Angeles Herald-Examiner, “Attorney Tops Cops’ Most Wanted List”, December 19, 1988, p. 1
  3. ^ Los Angeles Daily Journal, October 26, 1987, p. 1.
  4. ^ California Bar Journal, January 2011.
  5. Idaho v. Horiuchi, 253 F.3d 359 (9th Cir. 2001)
  6. Gherebi v. Bush and Rumsfeld, 374 F.3d 727 (9th Cir. 2004), as amended.
  7. In re: Stephen Yagman, No. 11-56245 (U.S.C.A. 9th Cir.)
  8. ^ Yagman, Police Misconduct and Civil Rights, Federal Jury Practice and Instructions (Thomson West Publishing, 2002), XLVII-LV
  9. Fordham Univ. transcript, govt. exhibit 27 in U.S. v. Yagman, 06-00227-SVW (C.D. Cal.)
  10. ^ Yagman official site; accessed April 18, 2014.
  11. Children Who Want an Education v. Governor Pete Wilson, 908 F.Supp. 755 (C.D. Cal. 1995), 997 F.Supp. 1244 (C.D. Cal. 1997), 54 F.3d 599 (9th Cir. 1995), 59 F.3d 1002 (9th Cir. 1995).
  12. Jessica Garrison, "L.A. Officials Know To Expect Attorney's Call", L.A. Times, March 22, 2006, p. B1
  13. ^ Lara Bazelon, "Putting the Mice in Charge of the Cheese: Why Federal Judges Cannot Always be Trusted to Police Themselves and What Congress Can do about It", 97 Kentucky Law Journal pp. 439, 455 & n. 103, 2008-2009.
  14. Thomas v. Baca, CV-04-08448-DDP(SHx)(U.S. Dist. Ct., Cent. Dist. Cal. Doc. 1098).
  15. Lawyers on Trial, Oxford University Press, 2011, pp. 380-83, 456, 457.
  16. ^ Cite error: The named reference DOJ062207 was invoked but never defined (see the help page).

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