United States v. Napoli
3:10-cr-00642
N.D. Cal.Apr 5, 2011Background
- Napoli is charged in a multi-defendant conspiracy (Safescripts Online) involving internet pharmacies that allegedly distributed controlled substances without legitimate medical basis.
- Government moved to disqualify Napoli’s counsel, Mr. Green, on conflicts of interest, unsworn-witness risk, and potential self-interest if Green is a witness or target.
- Napoli opposed disqualification, arguing no illegal conduct by Green and that a waiver/redaction could address conflicts.
- The court granted disqualification on Feb. 16, 2011 and denied a motion for reconsideration filed Mar. 4, 2011.
- The court found high risk Green would be an unsworn witness, a witness/advocate if Napoli Navy asserts an advice of counsel defense, and a potential target with unwaivable conflict.
- The court concluded complete disqualification is necessary to protect the integrity of the trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Uns sworn witness risk justifies disqualification | United States argues Green will testify on critical facts and be cross-examined, tainting proceedings | Napoli contends redaction or other measures suffice | Disqualification warranted |
| Witness/advocate conflict from potential advice-of-counsel defense | United States maintains Green’s involvement risks biased testimony and strategy | Napoli contends advisory role can be mitigated | Disqualification warranted |
| Unwaivable conflict due to Green’s potential status as prosecutor target | United States indicates Green’s possible criminal exposure creates irreconcilable conflict | Napoli argues waiver acceptable; risk is manageable | Disqualification warranted |
Key Cases Cited
- Wheat v. United States, 486 U.S. 153 (Supreme Court 1988) (Sixth Amendment right to counsel; compels narrow conflict limits)
- United States v. Gonzales-Lopez, 548 U.S. 140 (Supreme Court 2006) (Right to counsel of choice; erroneous denial not harmless error)
- United States v. Locascio, 6 F.3d 924 (2d Cir. 1993) (Uns sworn witness concerns; lawyer’s role in testimony)
- United States v. Fulton, 5 F.3d 605 (2d Cir. 1993) (Waiver and conflict considerations in multi-defendant cases)
- United States v. McKeon, 738 F.2d 26 (2d Cir. 1984) (Limitations on a lawyer arguing a client’s statements through witness testimony)