18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant

Witness Tampering

The Asset Forfeiture Games

June 2019 - Benny and Chris Butler were released from Federal Custody and not longer the entire town of Paradise burned to the ground where the ex-wife of Pete Bennett was nearly killed.

18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant

Current through Pub. L. 113-185. (See Public Laws for the current Congress.)

• US Code
• Notes
• Authorities (CFR)

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(a)

(1) Whoever kills or attempts to kill another person, with intent to—

(A) prevent the attendance or testimony of any person in an official proceeding;

(B) prevent the production of a record, document, or other object, in an official proceeding; or

(C) prevent the communication by any person to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings;

shall be punished as provided in paragraph (3).

(2) Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to—

(A) influence, delay, or prevent the testimony of any person in an official proceeding;

(B) cause or induce any person to—

(i) withhold testimony, or withhold a record, document, or other object, from an official proceeding;

(ii) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding;

(iii) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or

(iv) be absent from an official proceeding to which that person has been summoned by legal process; or

(C) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings;

shall be punished as provided in paragraph (3).

(3) The punishment for an offense under this subsection is—

(A) in the case of a killing, the punishment provided in sections 1111 and 1112;

(B) in the case of—

(i) an attempt to murder; or

(ii) the use or attempted use of physical force against any person;

imprisonment for not more than 30 years; and

(C) in the case of the threat of use of physical force against any person, imprisonment for not more than 20 years.

(b) Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to—

(1) influence, delay, or prevent the testimony of any person in an official proceeding;

(2) cause or induce any person to—

(A) withhold testimony, or withhold a record, document, or other object, from an official proceeding;

(B) alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding;

(C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or

(D) be absent from an official proceeding to which such person has been summoned by legal process; or

(3) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation  [1] supervised release,, [1] parole, or release pending judicial proceedings;

shall be fined under this title or imprisoned not more than 20 years, or both.

(c) Whoever corruptly—

(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or

(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,

shall be fined under this title or imprisoned not more than 20 years, or both.

(d) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from—

(1) attending or testifying in an official proceeding;

(2) reporting to a law enforcement officer or judge of the United States the commission or possible commission of a Federal offense or a violation of conditions of probation  [1] supervised release,, [1] parole, or release pending judicial proceedings;

(3) arresting or seeking the arrest of another person in connection with a Federal offense; or

(4) causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding;

or attempts to do so, shall be fined under this title or imprisoned not more than 3 years, or both.

(e) In a prosecution for an offense under this section, it is an affirmative defense, as to which the defendant has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendant’s sole intention was to encourage, induce, or cause the other person to testify truthfully.

(f) For the purposes of this section—

(1) an official proceeding need not be pending or about to be instituted at the time of the offense; and

(2) the testimony, or the record, document, or other object need not be admissible in evidence or free of a claim of privilege.

(g) In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance—

(1) that the official proceeding before a judge, court, magistrate judge, grand jury, or government agency is before a judge or court of the United States, a United States magistrate judge, a bankruptcy judge, a Federal grand jury, or a Federal Government agency; or

(2) that the judge is a judge of the United States or that the law enforcement officer is an officer or employee of the Federal Government or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant.

(h) There is extraterritorial Federal jurisdiction over an offense under this section.

(i) A prosecution under this section or section 1503 may be brought in the district in which the official proceeding (whether or not pending or about to be instituted) was intended to be affected or in the district in which the conduct constituting the alleged offense occurred.

(j) If the offense under this section occurs in connection with a trial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.

(k) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.

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#LinkedIN: The Fremont Group Letter > Produced Accenture, PG&E, Wells Fargo and Symantec

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#blameBush

As the Presidential Election leads us forward the secrets behind the #Deadbankers story nags at minds of millions of Americans and Citizens of the world. The reality of 9/11 is it possible that the bankers located at the World Trade Center.

In 2003, US programmer Kevin Flanagan joined the ranks of suspicious bank related suicides now a global pandemic likely far bigger than being touted by media pundits in late 2013. 



When read my story about the murders near me and the attempts to kill me, my family and friends it's becoming clear that the Federal Indictments looming with Albert D. Seeno, his connections to the legal community judges and bankers clearly are my problem.


Mr. President, Mr. Burd attends Hillside Covenant Church
where several members attempted to kill me in 2011
while I was employed at PG&E developing software
for what has become this Federal Investigation
Nice to know you keep good company
or you're a really good at bluffing.


Not far from the Bay Area was the alleged murder suicide of Phillip Marshall and his two children.  Currently classified as a familial murder but given that Marshall's story connects to 9/11, that his connections leads to cases near me.

For the moment ponder this pool of connectors published by NNDB and the fact that I've alleged since 2012, that Steve Burd's friends at Hillside Covenant Church are behind one of several attempted murders on my person. 

In 2014, I filed claims with the City of Walnut Creek and within seven days officers tried to run me down, wrote me fresh tickets on top of the 20K I already.

Mr. President I am a dying a slowly roasted death being exposed to the elements with every incident now eclipsing over 100 cases (38 years).   Mr. President this page is easy to prove or disprove but Accenture controls decisions at SBC, AT&T, Wells Fargo, Symantec, Bank of America and even have a leg in the Federal Reserve.

I'm looking for the best plausible denial about how Accenture magically touches every major case in the country which is supported by my argument they are the Masters of Disasters.  You only need two to make a conspiracy, right?

 #strackdeaths #strackdeaths

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DANIEL HOROWITZ VS. JOSEPH LYNCH

Lynch Sued Contra Costa County after he was 

• Beaten by Deputies
• Settled for $500.000
• Sells Land to Horowitz 

The court record vanished from the docket
Vitale Murder 

1. Investigator Eric Collins 
2. Bennett v. Gary Collins 

Party Name	Type	Case Name	Category	Case Number	Filed
LYNCH, JOSEPH	PLAINTIFF	JOSEPH LYNCH VSVIRGINIA E. LYNCH	PETN FOR DISSOLUTION	FLMSD93-04838	10/04/1993
LYNCH, JOSEPH W	DEFENDANT	DANIEL HOROWITZ VS. JOSEPH LYNCH	CIVIL HARASSMENT	CIVMSN05-0778	06/15/2005
LYNCH, JOSEPH WILLIAM	DEFENDANT	CHAO VS LYNCH	PI/PD/MOTOR VEHICLE (MARTINEZ)	CIVMSC04-00245	02/09/2004

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June 21, 2008 6:00 pm Humboldt Fire Incident Information: (BUTTE COUNTY)

Humboldt Fire

Humboldt Fire Incident Information:
Last Updated:	June 21, 2008 6:00 pm	FINAL
Date/Time Started:	June 11, 2008 12:13 pm
Administrative Unit:	CAL FIRE/Butte County Fire
County:	Butte County
Location:	Hwy 32 & Humboldt Rd on Stillson Canyon
Acres Burned - Containment:	23,344 acres
Estimated - Containment:	100% contained - 23,344 acres
Structures Destroyed:	87 residences destroyed and 7 damaged. 167 outbuildings have also been destroyed.
Evacuations:	All evacuations and road closures have been lifted.
Road Closures :	Full containment expected June 19, 2008 at 6:00 p.m.
Injuries:	10
Cause:	Under Investigation
Cooperating Agencies:	Butte County, CHP, Butte County Sheriff, City of Paradise (fire & police)
Total Fire Personnel:	261 (256 CAL FIRE)
Total Fire Engines:	15 CAL FIRE
Total Fire crews:	5 CAL FIRE
Total Dozers:	1
Total Water Tenders:	3
Costs to date:	$20.5 million
Conditions:	A significant demobilization of resources is underway. The command team plans on transitioning the incident back to the unit June 19 at 1200 noon. Public Health has closed its temporary animal shelters.
Phone Numbers	(530) 538-7826 (Humboldt Fire Information Number)

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Refreshing Changes With Walnut Creek Police

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#ContraCostaBarAssociation - The Lunatic Collusionists

xx

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Litigation Associate

If you're considering a law degree consider that my Kaitlyn Strand worked here: She's dead 

 

 Litigation Associate

Job ID: 23522137 Position Title: Litigation Associate Company Name: McNamara Law Firm Location(s): California, United States

Posted: April 29, 2015 Job Function: Associate Entry Level: No

APPLY FOR THIS JOB

 

Email Address:	hr@mcnamaralaw.com

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Job Description

The McNamara Law Firm is a 35+ attorney civil litigation defense firm with offices in Contra Costa and Solano Counties, seeking a litigation associate for its Walnut Creek Office, with one to four years of relevant experience.  Police and civil rights defense experience are preferred.  Successful candidates will have excellent writing and research skills, a strong academic background from an accredited law school, be a self-starter, and be willing to accept significant responsibility in a broad range of litigation matters.  We offer a congenial atmosphere and competitive salary and benefits.  All inquiries will be treated confidentially.  Please email resume and short writing sample to hr@mcnamaralaw.com

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l 4-cr-00272-JSR UNITED STATES OF AMERICA v. LEE STEWART, Defendant.

Case 1:14-cr-00272-JSR Document 40 Filed 03/23/15 Page 1 of 4
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA v. LEE STEWART, Defendant.
INFORMATION
I: l 4-cr-00272-JSR
COUNT ONE (Conspiracy to Commit Wire Fraud and Bank Fraud)
The Department of Justice charges: 1. From at least in or about May 2006 through at least in or about early 2011, in the Southern District of New York and elsewhere, LEE STEWART, the defendant, together with Anthony Allen, Paul Thompson, Tetsuya Motomura, Anthony Conti, and others known and unknown, did knowingly combine, conspire, confederate, and agree to commit certain offenses against the United States, that is: (A) to devise and intend to devise a scheme and artifice to defraud, and to obtain money and property by means of materially false and fraudulent pretenses, representations, and promises, and to transmit and cause to be transmitted certain wire communications in interstate and foreign commerce for the purpose of executing the scheme; to wit, the defendant and others engaged in a scheme to manipulate and attempt to manipulate to their advantage the benchmark interest rates referenced by derivative products throughout the financial industry, by the
1
Case 1:14-cr-00272-JSR Document 40 Filed 03/23/15 Page 2 of 4
dissemination, and submission, of false and fraudulent statements intended to influence and manipulate the benchmark interest rates to which the profitability of interest rate derivative trades was tied, and the conspirators contemplated, foresaw, and caused use of wires in interstate and foreign commerce in carrying out the scheme, in violation of Title 18, United States Code, Section 1343; and (B) to execute and attempt to execute a scheme and artifice to defraud a financial institution, the deposits for which were at the time insured by the Federal Deposit Insurance Corporation; and to obtain and attempt to obtain moneys, funds, credits, assets, and other properties owned by and under the custody and control of a financial institution by means of materially false and fraudulent pretenses, representations, and promises, as well as by omission of material facts in violation of Title 18, United States Code, Section 1344. 2. It was a part and an object of the conspiracy that LEE STEWART, the defendant, and others known and unknown, engaged in a scheme to manipulate and attempt to manipulate a benchmark interest rate known as the London Interbank Offered Rate (LIBOR), to which was tied the profitability of interest rate derivative trades in which the defendant and others had a financial interest. The scheme had an effect on one or more financial institutions, within the meaning of Title 18, United States Code, Sections 20 and 3293(2). OVERT ACT 3. In furtherance of the conspiracy and to affect the illegal objects thereof, LEE STEW ART, the defendant, and others known and unknown, committed the following overt act, among others, in the Southern District of New York and elsewhere:
2
Case 1:14-cr-00272-JSR Document 40 Filed 03/23/15 Page 3 of 4
a. on or about September 2, 2005, LEE STEWART and Anthony Conti conspired to fix and manipulate the day's LIB OR rate by causing their employer, Coiiperatieve Centrale Raiffeisen-Boerenleenbank B.A. (Rabobank), a financial institution and global financial services company headquartered in Utrecht, the Netherlands, to make a LIBOR submission that was calculated to benefit LEE STEW ART's trading position. Rabobank and Bank-B, a federally-insured financial institution headquartered in Charlotte, North Carolina, had previously entered into an interest rate swap transaction that had a reset date of September 2, 2005. On or about September 2, 2005, a third party publishing corporation published Rabobank's manipulated LIBOR submission by sending a wire communication from the United Kingdom to recipients in New York, New York. (Title 18, United States Code, Section 1349) FORFEITURE ALLEGATION 4. As a result of committing the offense alleged in Count One of this Information, LEE STEW ART, the defendant, shall forfeit to the United States pursuant to Title 18, United States Code, Section 982, any property constituting or derived from proceeds obtained directly or indirectly as a result of the wire fraud and bank fraud offense alleged in Count One of this Information, including but not limited to a sum of United States currency to be determined by the Court at sentencing, in that such sum in aggregate is property representing the amount of proceeds obtained as a result of the offenses. Substitute Asset Provision 5. If any of the above-described forfeitable property, as a result of any act or omission of the defendant:
3
(a) cannot be located upon the exercise of due diligence; (b) has been transferred or sold to, or deposited with, a third person; ( c) has been placed beyond the jurisdiction of the Court; ( d) has been substantially diminished in value; or ( e) has been commingled with other property which cannot be subdivided without difficulty; it is the intent of the United States, pursuant to Title 18 United States Code, Section 982(b), to seek forfeiture of any other property of said defendant up to the value of the above forfeitable property. (Title 18, United States Code, Section 982 and Title 18, United States Code, Section 1349).
ANDREW WEISSMANN Chief, Fraud Section Criminal Division United States Department of Justice
BRIAN YOUNG Trial Attorney CAROL L. SIPPERL Y Senior Litigation Counsel Criminal Division United States Department of Justice
JEFFREY D. MARTINO Chief, New York Office Antitrust Division United States Department of Justice
Case 1:14-cr-00272-JSR Document 40 Filed 03/23/15 Page 4 of 4
4
MICHAEL T. KOENIG Trial Attorney Antitrust division United States Department of Justice

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The Pamela Vitale Murder CIVMSC01-00428 - CORRIE VS BINGHAM-MCCANN

Case CIVMSC01-00428 - CORRIE VS BINGHAM-MCCANN

Complaint Number: 1 Complaint Type: COMPLAINT Filing Date: 02/07/2001 Complaint Status: DISMISS W/O PREJ. 07/16/2003
Party Number	Party Type	Party Name	Attorney	Party Status
1	PLAINTIFF	SIDNEY CORRIE JR	PUTTERMAN, DONALD J	PARTY DISMISSED 07/16/2003
			, SIDEMAN & BA NCROFT,LLP
6	INTERVENOR	ATTORNEY GENERAL, STATE OF CALIFORNIA	JOHNS, BELINDA J.	PARTY DISMISSED 07/16/2003
2	DEFENDANT	BINGHAM-MCCANN	HOROWITZ, DANIEL	PARTY DISMISSED 07/16/2003
			MILLER, STARR & REGALIA
3	DEFENDANT	WILLIAM D MCCANN	MCCANN, WILLIAM D	PARTY DISMISSED 07/16/2003
4	DEFENDANT	J GORDON BINGHAM	MILLER, STARR & REGALIA	PARTY DISMISSED 07/16/2003
5	DEFENDANT	500 LA GONDA ASSOCIATES LLC	BRUNNER, STEPHEN P.	PARTY DISMISSED 09/10/2002
7	DEFENDANT	WILLIAM Y TAUSCHER	BRUNNER, STEPHEN P.	DISMISSED 11/25/2002
			YERKES, LYNNE M
8	DEFENDANT	TRI COMMERCIAL REAL ESTATE SERVICES INC	ROECA, RUSSELL S	PARTY DISMISSED 07/16/2003
9	DEFENDANT	JAY T LEWIS	ROECA, RUSSELL S	PARTY DISMISSED 07/16/2003
15	DEFENDANT	J.O.E., INC	BRUNNER, STEPHEN P.	DISMISSED 11/25/2002
16	DEFENDANT	JAY T LEWIS	Unrepresented	PARTY REMOVED 09/17/2001
17	DEFENDANT	THE MT DIABLO CENTER FOR THE ARTS FOUNDATIO	CHAZAN, SHOSHANA Y.	PARTY DISMISSED 07/16/2003
18	DEFENDANT	RANDEL N EVANS	CHAZAN, SHOSHANA Y.	PARTY DISMISSED 05/22/2002

Complaint Number: 2 Complaint Type: COMPLAINT IN INTERVENTION Filing Date: 05/24/2001 Complaint Status: DISMISS W/O PREJ. 07/15/2003
Party Number	Party Type	Party Name	Attorney	Party Status
6	PLAINTIFF	ATTORNEY GENERAL, STATE OF CALIFORNIA	JOHNS, BELINDA J.	PARTY DISMISSED 07/15/2003
5	DEFENDANT	500 LA GONDA ASSOCIATES LLC	BRUNNER, STEPHEN P.	PARTY DISMISSED 07/15/2003
10	DEFENDANT	BELASCO THEATRE CO	ROGERS, RANDY	PARTY DISMISSED 07/15/2003
11	DEFENDANT	WILLIAM D MCCANN	MILLER, STARR & REGALIA	PARTY DISMISSED 07/15/2003
12	DEFENDANT	J GORDON BINGHAM	MILLER, STARR & REGALIA	PARTY DISMISSED 07/15/2003
13	DEFENDANT	FIRST REPUBLIC BANK	Unrepresented	PARTY DISMISSED 11/26/2001
14	DEFENDANT	BANK OF THE ORIENT	Unrepresented	PARTY DISMISSED 11/26/2001

Complaint Number: 3 Complaint Type: CROSS COMPLAINT Filing Date: 04/16/2002 Complaint Status: ACTIVE
Party Number	Party Type	Party Name	Attorney	Party Status
2	CROSS COMPLAINANT	BINGHAM-MCCANN	HOROWITZ, DANIEL	First Paper Fee Paid
3	CROSS COMPLAINANT	WILLIAM D MCCANN	MCCANN, WILLIAM D	First Paper Fee Paid
4	CROSS COMPLAINANT	J GORDON BINGHAM	MILLER, STARR & REGALIA	First Paper Fee Paid
5	CROSS COMPLAINANT	500 LA GONDA ASSOCIATES LLC	BRUNNER, STEPHEN P.	First Paper Fee Paid
1	CROSS DEFENDANT	SIDNEY CORRIE JR	PUTTERMAN, DONALD J	Demurr 09/10/2002
6	CROSS DEFENDANT	ATTORNEY GENERAL, STATE OF CALIFORNIA	JOHNS, BELINDA J.	Answer 09/10/2002
10	CROSS DEFENDANT	BELASCO THEATRE CO	ROGERS, RANDY	Answer 05/14/2002
17	CROSS DEFENDANT	THE MT DIABLO CENTER FOR THE ARTS FOUNDATIO	CHAZAN, SHOSHANA Y.	Answer 05/16/2002

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#FraudOfTheCourt #DeadWitnesses and #DeadPoliticians #JudgeGolub

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#TheGolubConspiracy  - Ruler of Bench felled by friends in the Pen

It took over ten years to discover via Judge Golub's endorsement list to uncover additional connections to the CNET Scandal in Danville CA.  Today we have to worst possible scenario of #FraudOfTheCourt where we many #DeadPoliticians and far too many children murdered near these cases.

The reign of terror elicited via Commander Wielsch and misleading Deputies, a man who felled himself all by himself.  Many have fallen including officers down on Last Watch as when he aligned his world++ with Chris Butler, he ultimately felled himself.

I personally know the #TheGolubConspiracy first hand as Green Valley Elementary parent, Pack 36 member and as traffic commissioner issuers of false fines.

He's Judged us from the early nineties but today he's facing a #FraudOfTheCourt, he's hub of a spoke to hundreds of deputies, attorneys and public officials.  Theruled from the bench but in my case he's the Judge that knows Tanabe, District Attorneys who failed to recognize the #DirtyDUI problem but he is the Judge that took several Divorce Cases into his courtroom, he's the Judge admonished by the Judicial Council Review in the Bruce Mills matter but my connection is ominous, speaks volumes of mayhem leading to murders of children.

The failures when Judge Golub missed an opportunity to stop an arson operation with connections to Gas Line Explosions to the power energy sector where former Enron CEO Jeffery Skilling is now serving time and perhaps he needs #insiderterrorists where they can use the jail pencils to catalog the #DeadWitnesses where I can attest witnesses in my story have been murdered in #ColdCaseCounty like Jineva Driscoll.

This is also Jaycee Dugard Country with a former sheriff once ruled with six batteries earning the nickname of D-Cell.  
Action 

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#William Michael McCann [#66753] Disbarred, represented by Horowitz

Attorney Search

William Michael McCann - #66753

Current Status:  Active

This member is active and may practice law in California.
See below for more details.

Profile Information

The following information is from the official records of The State Bar of California.

Bar Number:	66753
Address:	1530 Meridian Ave Ste 120 San Jose, CA 95125 Map it	Phone Number:	(408) 269-8787
		Fax Number:	Not Available
		e-mail:	Not Available
County:	Santa Clara	Undergraduate School:	Univ of California at Los Angeles; CA
District:	District 6
Sections:	None	Law School:	Santa Clara Univ SOL; Santa Clara CA

Status History

Effective Date	Status Change
Present	Active
9/17/2008	Active
7/19/2008	Not Eligible To Practice Law
3/11/2002	Active
9/1/2001	Not Eligible To Practice Law
12/18/1975	Admitted to The State Bar of California

Explanation of member status

Actions Affecting Eligibility to Practice Law

Effective Date	Description	Case Number	Resulting Status
Disciplinary and Related Actions
7/19/2008	Discipline w/actual suspension	05-O-00119	Not Eligible To Practice Law
Administrative Actions
9/1/2001	Admin Inactive/MCLE noncompliance		Not Eligible To Practice Law

Copies of official attorney discipline records are available upon request.
Explanation of common actions

State Bar Court Cases

NOTE: The State Bar Court began posting public discipline documents online in 2005. The format and pagination of documents posted on this site may vary from the originals in the case file as a result of their translation from the original format into Word and PDF. Copies of additional related documents in a case are available upon request. Only Opinions designated for publication in the State Bar Court Reporter may be cited or relied on as precedent in State Bar Court proceedings. For further information about a case that is displayed here, please refer to the State Bar Court's online docket, which can be found at: http://apps.statebarcourt.ca.gov/dockets/dockets.aspx

DISCLAIMER: Any posted Notice of Disciplinary Charges, Conviction Transmittal or other initiating document, contains only allegations of professional misconduct. The attorney is presumed to be innocent of any misconduct warranting discipline until the charges have been proven.

Effective Date	Case Number	Description
7/19/2008	05-O-00119	Opinion [PDF] [WORD]

California Bar Journal Discipline Summaries

Summaries from the California Bar Journal are based on discipline orders but are not the official records. Not all discipline actions have associated CBJ summaries. Copies of official attorney discipline records are .

July 19, 2008
WILLIAM MICHAEL McCANN [#66753], 59, of San Jose was suspended for one year, stayed, placed on one year of probation with a 60-day actual suspension and was ordered to take the MPRE within one year. The order took effect July 19, 2008.
The State Bar Court review department agreed with a hearing judge's findings that McCann forged documents, failed to keep clients informed about developments in their cases and made misrepresentations to a bar investigator, but it increased the level of discipline.
He was hired to represent a minor who had been in a traffic accident.
July 19, 2008
WILLIAM MICHAEL McCANN [#66753], 59, of San Jose was suspended for one year, stayed, placed on one year of probation with an actual 60-day suspension and was ordered to take the MPRE within one year. The order took effect July 19, 2008.
The State Bar appealed a hearing judge’s recommended discipline, which did not include an actual suspension, and asked for a three-month actual suspension. The review department took into consideration McCann’s 30 years of discipline-free practice and settled on a 60-day actual suspension.
The hearing judge found that he committed forgery, failed to keep clients reasonably informed of significant developments and made misrepresentations to a State Bar investigator.
In a personal injury case, he represented a minor whose medical expenses were paid by Blue Cross of California through an ERISA-qualified plan. Blue Cross hired The Rawlings Co. to obtain reimbursement for those benefits.
McCann did not respond to Rawlings’ notice of a lien and he believed that Blue Cross did not have a valid lien against any recovery. The lien amounted to $831.85.
When the case settled for $4,500, McCann endorsed the settlement check on behalf of Rawlings Co. for Blue Cross, knowing his clients were anxious to receive their money. He later received another lien notice but did not respond. When a Rawlings representative called McCann about the settlement check, he responded that he had “implied authority” to sign it. Although he attempted to pay part of the amount owed and then the full amount, his checks were returned.
He told a State Bar investigator that he had verbal authorization to endorse the check and said he thought the matter was resolved when he offered to fully reimburse Rawlings.
The review panel agreed with a hearing judge’s findings that McCann committed forgery, failed to keep his clients reasonably informed and made misrepresentations to a bar investigator, committing an act of moral turpitude. However, it disagreed with the judge’s belief that McCann acted in good faith because he believed the lien was invalid. That belief, the panel said, did not justify forgery.
“McCann consciously took the risk and forged Rawlings’ name in order to get the money to his impoverished clients quickly,” wrote Judge Madge Watai. His “good intentions,” she added, did not trump his dishonesty.
McCann has no prior record of discipline in 30 years of practice.

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