-Caveat Lector-

http://www.sun-
sentinel.com/news/daily/detail/0,1136,36000000000148573,00.html

Gore lawyer accused of witness tampering

By NICOLE STERGHOS BROCHU, Sun-Sentinel

Web-posted:   8:43 a.m. Dec. 23, 2000
   A Palm Beach landscaper has filed a Florida Bar complaint
against celebrated litigator David Boies, accusing the New York
lawyer of unprofessional conduct, including attempts to buy off a
witness.
   A Florida Bar attorney confirmed that the Bar has received a
complaint making witness-tampering allegations against Boies but
declined to elaborate, citing the Bar's confidentiality rules.
   "All I can do is confirm the existence of it," said Ken Marvin, who
leads the Bar's Tallahassee office. "This complaint will be treated
like any other."
   Boies, best known as the man who beat Microsoft and even
more recently as the poised defender of Al Gore's court battle for
the presidency, did not return calls for comment Thursday and
Friday.
   Scott Lewis, owner of a landscaping company locked in a bitter
and protracted breach-of-contract lawsuit with a Boies client,
claims that Boies offered to give Gary Scudiero a sprinkler
business in return for his testimony against Lewis and his wife,
Carol.
   At the time, Scudiero was working as supervisor at Nical of Palm
Beach,  the landscaping company that sued Lewis over the broken
agreement to buy Lewis' business for $800,000.
   Scudiero has said in court papers that Boies, whose children are
the beneficiaries of a trust that owns 25 percent of Nical, was
acting as his boss when he told him Scudiero would receive Nical's
irrigation business in return for his testimony.
   Scudiero later quit working for Nical and its owner, Amy Habie,
and three days later, he was named as a co-defendant in a $10
million federal antitrust lawsuit Boies filed on Habie's behalf after
she lost her breach-of-contract lawsuit against Lewis. The federal
lawsuit, which accused the Lewises, Scudiero and two others of
conspiring to ruin Habie's business, eventually was tossed out of
court, as well.
   The allegations are similar to those filed in New York regarding
an estate case on which Boies served as counsel. In that case, the
New York Supreme Court's Departmental Disciplinary Committee
is investigating a complaint that names Boies and four other
lawyers in connection with an offer to pay a witness to testify.
   One of the lawyers named in the New York complaint has said
the offer to pay the witness $25,000 for the first 50 hours and up to
$1 million in bonuses was compensation for her time, not a payoff
for her testimony.
   Boies is also facing possible disciplinary action in a third,
unrelated complaint, this one dealing with the presidential election.
A conservative watchdog group has accused Boies and another
lawyer  of unprofessional conduct by filing what it called an
inaccurate affidavit with two Florida courts.
   As for the recent Florida Bar complaint, Scott and Carol Lewis
refused to comment on the advice of their attorney.
   Their complaint is the latest volley in a four-year battle that has
occupied two courts, 10 judges, 27 attorneys, and thousands and
thousands of pages of testimony and court filings.
   The fight began in 1996, when Habie and Nical bought Scott
Lewis Gardening & Trimming Inc., then stopped paying Lewis after
accusing him of breaching the contract by opening a competing
company.
   Boies served as Habie's lead attorney in both the breach-of-
contract and federal antitrust cases.
   In both cases, judges have ruled that Habie has no case against
the Lewises and others, decisions that have been upheld on appeal.
   The breach-of-contract lawsuit, though, continues to drag on as
Lewis accuses Habie of violating the terms of a settlement. So far,
a judge has imposed two contempt-of-court orders against Habie
and Nical, as well as several sanctions.
   Though Boies does not hold a Florida law license, he has worked
on several Florida cases, including Gore's, after getting special
permission from the courts.
   Marvin said that if the allegations are proved true and discipline is
deemed warranted, sanctions could range from public reprimand to
suspension of Boies' law license.
   Nicole Sterghos Brochu can be reached at nbrochu@sun-
sentinel.com or 561-243-6603.



--


Ain't nothin' dumber than a Palm Beach Democrat.

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