Federal prosecutors are stepping up their fight to have two Houston lawyers banned from representing the former head of the Bandidos Motorcycle Club in a racketeering case alleging murder, drug dealing and other crimes on behalf of an outlaw organization.
They allege in new court papers that lawyer Kent Schaffer is an "unindicted co-conspirator" in the case who furthered Bandidos operations by reviewing court papers for all members, charged in any criminal case, to root out who might be cooperating with the government in exchange for leniency.
They ask that Schaffer and his law partner, James Kennedy, be disqualified from the case.
U.S. Magistrate Judge Henry J. Bemporad ruled (link is external) in early December that prosecutors had succeeded in showing there was a potential conflict of interest, but that they had not shown him anything that convinced him the men should be disqualified.
U.S. Magistrate Judge Henry J. Bemporad ruled (link is external) in early December that prosecutors had succeeded in showing there was a potential conflict of interest, but that they had not shown him anything that convinced him the men should be disqualified.
Schaffer has not yet responded in writing to the latest federal motion but has previously strongly denied any wrongdoing and said he was never in-house counsel for the Bandidos and never reviewed paperwork to spot informants.
"I am incredibly flattered at their latest filing; obviously this prosecutor is afraid to try the case against me," Schaffer said Thursday. "They do just want me off the case."
Schaffer said the court has already rejected the prosecution's claim.
"This is a rehash that the court already denied, but for some reason this prosecutor has a sense of desperation and so they are going back for a second bite at the apple."
An indictment contends the Bandidos, which began in the Houston area in the 1960s, is a criminal enterprise engaged in murder, attempted murder, robbery, extortion, and drug trafficking, among other crimes.
Bemporad left the door open for them to show him more evidence, which appears to be in a 2
0-page document recently filed by prosecutors. The judge has since set a Jan. 6 hearing on the matter.
Within the document, prosecutors contend they have recordings of conversations in which Bandidos discuss Schaffer's alleged work for the organization, including reviewing all legal paperwork to look for cooperators.
Prosecutor said that multiple Bandidos will testify at trial that members were required to turn in legal paperwork, when they were arrested, to higher-ranking members so that the paperwork could be reviewed for signs of cooperation.
"Several members will testify that Mr. Schaffer was one of the attorneys that paperwork was taken to," states the document filed by prosecutors. "Two witnesses will testify that the Bandidos (organization) maintained a retainer with Mr. Schaffer for future work in defending its leadership from criminal charges."
Prosecutors further contend that Schaffer is so intertwined in Bandidos business that he can't be permitted to represent ex Bandidos leader Jeff Pike at trial because Schaffer has previously represented at least two Bandidos who are expected to be called to the witness stand to testify against Pike.
That would put Schaffer in the position of perhaps not only trying to defend his own reputation while representing Pike, but questioning persons who had previously represented. As Kennedy is at the same firm, he would face a similar conflict, they contend.
Conroe resident Jeff Pike stepped down as leader of the Bandidos earlier this year after he and other top members of the Bandidos were charged in an indictment unsealed in San Antonio.
Philip Hilder, a Houston lawyer who is also a former federal prosecutor said the judge in the case will have to do a "deep dive" to determine exactly what is going on, including the motivations of prosecutors and whether Schaffer does indeed have too great a conflict of interest.
"You are witnessing the chess moves that are expected in a high profile case like this," Hilder said.
"I can foresee this might be a prosecution tactic to get rid of competent counsel," he said. "Schaffer has a long history of representing the organization's members and has a deep understanding of the dynamics of Bandidos and it is quite foreseeable the government is attempting to bump him from the case because he has been effective in the past in his representation. "
"I can foresee this might be a prosecution tactic to get rid of competent counsel," he said. "Schaffer has a long history of representing the organization's members and has a deep understanding of the dynamics of Bandidos and it is quite foreseeable the government is attempting to bump him from the case because he has been effective in the past in his representation. "
When authorities arrested Pike and three other members of the Bandidos, Pike was the only one who was released on bail pending trial.
Not long after an FBI SWAT team used an armored vehicle and loud speakers to arrest Pike at his home, Schaffer convinced a magistrate judge here that Pike was not a threat to the community or to flee and that he should be conditionally released.
John Portillo, who served as Pike's vice president remains in custody. Two other members, Justin Forster and Frederick Cortez have been released on bail since entering into plea agreements with the government.
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