Jerk
5/18/2008, 04:57 PM
Myart pleads guilty to stealing from client
Web Posted: 05/15/2008 11:01 PM CDT
By Elizabeth Allen
Local lawyer James Myart, known for his flamboyant public criticism of law enforcement and a raft of personal legal troubles, pleaded guilty Thursday to stealing money from a client who happened to be the reputed founder of the Texas Mexican Mafia.
Myart had represented Heriberto “Herb” Huerta in forcing the federal government to return more than $13,000 it had seized from Huerta, who is serving three life terms in a maximum-security prison in Florence, Colo. But Myart did not pass the money on to Huerta's sister, who had power of attorney.
A subdued Myart stood before Senior District Judge Fred Shannon on Thursday afternoon.
In pleading guilty to misapplication of fiduciary property, Myart agreed to surrender his state bar card and stop practicing law.
“It could be called an extreme bookkeeping measure,” said Myart's lawyer, Christopher Gale. “But he has taken responsibility.”
Myart would have had some of that money coming to him for his legal work, Gale said, although he doesn't know how much.
The crime is a state jail felony with a maximum punishment of a $10,000 fine and two years of jail time, which unlike prison time must be served in full. The state will seek the maximum sentence, but Myart is eligible for probation, which he is seeking.
“This is something that is devastating to Mr. Myart,” Gale said. “He is losing his career. That, among other things, should be punishment enough.”
Gale said Myart will be able to reapply for his license after five years, and he hopes he will take the time to rebuild his life “and help people as he has in the past.”
“When he's in his game and has got his life together, he's a tremendous asset,” Gale said. “He has accomplished a lot of good.”
Adriana Biggs, white-collar crime chief for District Attorney Susan Reed, said, “It's my hope that James Myart never practices law in the state of Texas again.
“What's unfortunate is that Mr. Myart had clients that relied on him, and I certainly feel bad for those individuals,” Biggs said. “They're seeking assistance from their lawyer, and instead their lawyer does wrong. It's shameful conduct.”
Myart also agreed in court documents that he stole floor tiles from Habitat for Humanity in 2005 and made false reports to a peace officer and to emergency personnel, stemming from December 2006 incidents at City Hall. He did not technically plead to those offenses, and won't be sentenced for them, but the judge can consider them at the June 25 sentencing.
In April, the State Bar of Texas suspended the civil rights attorney.
Myart also was facing disbarment in federal court, but in recent days a committee of lawyers who convened to review allegations against him was alerted that Myart would be withdrawing his law license, the district's chief judge, Walter S. Smith Jr. of Waco, said Thursday.
Express-News Staff Writer Graeme Zielinski contributed to this report.
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What's the over/under on how much longer he has to live?
http://www.usdoj.gov/dea/pubs/states/newsrel/houston081704fig3.jpg
What the Texas Mexican Mafia has been either charged or convicted of:
http://sanantonio.fbi.gov/dojpressrel/pressrel08/mexicanmafia013008.htm
• shooting death of Florencio “Lencho” Vasquez in September 2000;
• shooting death of Anthony “Tony” Blanco in November 2000;
• robbery and subsequent shooting death Michael Sanchez in March 2001;
• shooting death of Ruben Hernandez in January 2002;
• shooting death of Ernest Guzman in May 2002;
• shooting death of Jose “Arte” Moreno in June 2002;
• shooting death of Henry “Guero” Cantu in December 2002;
• shooting death of Agustin “Augie” Macias in July 2003;
• shooting death of Jose “Speedy” Lopez in July 2003;
• shooting death of Raymond “Mon” “Nochipa” Rodriguez in September 2003;
• shooting death of Jesse “Psych” Medina in February 2004;
• shooting death of Robert “Beto” Gleason in March 2004;
• shooting death of Robert “Robe” Murillo Fernandez in August 2004;
• shooting death of Jesse “Pelon” Guevara in August 2004;
• shooting death of Mercy Brooks in September 2004;
• shooting death of Tony Rodriguez in November 2004;
• shooting death of Juan “Green” Perez in December 2004;
• shooting death of Roy Vera in December 2004;
• shooting death of Joe Santos in November 2004;
• shooting death of Rudy “Scooby” Contreras in January 2005;
• shooting death of Hector Martinez in January 2005;
• shooting death of Robert Sanchez in April 2005;
• attempted murder of Ruben Rodriguez in January 2002;
• attempted murder of Ernesto “Neto” Rodriguez in June 2007;
Web Posted: 05/15/2008 11:01 PM CDT
By Elizabeth Allen
Local lawyer James Myart, known for his flamboyant public criticism of law enforcement and a raft of personal legal troubles, pleaded guilty Thursday to stealing money from a client who happened to be the reputed founder of the Texas Mexican Mafia.
Myart had represented Heriberto “Herb” Huerta in forcing the federal government to return more than $13,000 it had seized from Huerta, who is serving three life terms in a maximum-security prison in Florence, Colo. But Myart did not pass the money on to Huerta's sister, who had power of attorney.
A subdued Myart stood before Senior District Judge Fred Shannon on Thursday afternoon.
In pleading guilty to misapplication of fiduciary property, Myart agreed to surrender his state bar card and stop practicing law.
“It could be called an extreme bookkeeping measure,” said Myart's lawyer, Christopher Gale. “But he has taken responsibility.”
Myart would have had some of that money coming to him for his legal work, Gale said, although he doesn't know how much.
The crime is a state jail felony with a maximum punishment of a $10,000 fine and two years of jail time, which unlike prison time must be served in full. The state will seek the maximum sentence, but Myart is eligible for probation, which he is seeking.
“This is something that is devastating to Mr. Myart,” Gale said. “He is losing his career. That, among other things, should be punishment enough.”
Gale said Myart will be able to reapply for his license after five years, and he hopes he will take the time to rebuild his life “and help people as he has in the past.”
“When he's in his game and has got his life together, he's a tremendous asset,” Gale said. “He has accomplished a lot of good.”
Adriana Biggs, white-collar crime chief for District Attorney Susan Reed, said, “It's my hope that James Myart never practices law in the state of Texas again.
“What's unfortunate is that Mr. Myart had clients that relied on him, and I certainly feel bad for those individuals,” Biggs said. “They're seeking assistance from their lawyer, and instead their lawyer does wrong. It's shameful conduct.”
Myart also agreed in court documents that he stole floor tiles from Habitat for Humanity in 2005 and made false reports to a peace officer and to emergency personnel, stemming from December 2006 incidents at City Hall. He did not technically plead to those offenses, and won't be sentenced for them, but the judge can consider them at the June 25 sentencing.
In April, the State Bar of Texas suspended the civil rights attorney.
Myart also was facing disbarment in federal court, but in recent days a committee of lawyers who convened to review allegations against him was alerted that Myart would be withdrawing his law license, the district's chief judge, Walter S. Smith Jr. of Waco, said Thursday.
Express-News Staff Writer Graeme Zielinski contributed to this report.
----------------------------------------------
What's the over/under on how much longer he has to live?
http://www.usdoj.gov/dea/pubs/states/newsrel/houston081704fig3.jpg
What the Texas Mexican Mafia has been either charged or convicted of:
http://sanantonio.fbi.gov/dojpressrel/pressrel08/mexicanmafia013008.htm
• shooting death of Florencio “Lencho” Vasquez in September 2000;
• shooting death of Anthony “Tony” Blanco in November 2000;
• robbery and subsequent shooting death Michael Sanchez in March 2001;
• shooting death of Ruben Hernandez in January 2002;
• shooting death of Ernest Guzman in May 2002;
• shooting death of Jose “Arte” Moreno in June 2002;
• shooting death of Henry “Guero” Cantu in December 2002;
• shooting death of Agustin “Augie” Macias in July 2003;
• shooting death of Jose “Speedy” Lopez in July 2003;
• shooting death of Raymond “Mon” “Nochipa” Rodriguez in September 2003;
• shooting death of Jesse “Psych” Medina in February 2004;
• shooting death of Robert “Beto” Gleason in March 2004;
• shooting death of Robert “Robe” Murillo Fernandez in August 2004;
• shooting death of Jesse “Pelon” Guevara in August 2004;
• shooting death of Mercy Brooks in September 2004;
• shooting death of Tony Rodriguez in November 2004;
• shooting death of Juan “Green” Perez in December 2004;
• shooting death of Roy Vera in December 2004;
• shooting death of Joe Santos in November 2004;
• shooting death of Rudy “Scooby” Contreras in January 2005;
• shooting death of Hector Martinez in January 2005;
• shooting death of Robert Sanchez in April 2005;
• attempted murder of Ruben Rodriguez in January 2002;
• attempted murder of Ernesto “Neto” Rodriguez in June 2007;