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Criminal Defense Attorney Humbled by Conviction, Sentenced to 15 Years
He was a flamboyant criminal defense attorney, well- known in the state criminal courts in Harris County for his courtroom theatrics and his contentious, often contemptuous, demeanor before the trial judges presiding over the cases he was defending.
By many accounts, he had the ability to be both an effective and successful advocate.
Committing Crimes Against His Clients
But Abraham Moses Fisch had a growing problem: he became so contemptuous of the legal system over the years that lying, deceiving, and committing crimes against his own clients became, somehow, a rational choice. Whatever the reasons, his criminal behavior would both tarnish his personal reputation and threaten to undermine the integrity of the legal system we have fought to maintain.
This past May, Fisch was convicted on 18 counts of conspiracy, obstruction of justice, money laundering, conspiracy to commit money laundering and failure to file tax returns. It took the jury 14 hours of deliberations to convict him after a 15-day trial.
Attorney Guaranteed Dismissals
According to the government, Fisch, along with a former Houston used car financier named Lloyd Glen Williams, was involved in a scheme to defraud his clients, who were criminal defendants, and their families, with promises of successful results in their cases. The government press release issued following Fisch’s conviction said the two men “conspired to defraud defendants who were facing federal criminal charges in Houston.” The government added that the fraud was “perpetrated in at least four different federal criminal cases pending in Houston …”
In exchange for what the government called “exorbitant fees,” prosecutors argued that Fisch told the clients and their family members that Williams had “government contacts” in Washington, D.C., who could guarantee dismissal of their criminal cases. According to prosecutors, the clients and their families shelled out millions of dollars in attorney fees believing Fisch, through Williams, had contacts at the CIA, FBI, Department of Justice, and Medicare who could help them—none of which was true.
15 Years in Prison and Forfeiture of 1.2 Million
On October 27, a federal district court judge sentenced Fisch to serve 15 years in a federal prison and ordered forfeiture of nearly $1.2 million, the disgraced attorney told the sentencing judge that the criminal case “one of the most humbling experiences of my life.”
After pleading for voluntary surrender, Fisch was unceremoniously taken into custody for his trip to a federal prison facility.
State Bar Next
So what happens now to Mr. Fisch? Will the federal conviction lead to disbarment by the State Bar of Texas?
While attorneys involved in drug addiction and related crimes often get a second chance, attorneys involved in serious felonies involving fraud, dishonesty or deceit are usually disbarred.
Given the nature of the crimes of conviction and the fact that they committed upon his clients, Fisch will most likely be disbarred, unless he surrenders his license while the disciplinary action is pending.
And that is how it should be.
Mr. Fisch engaged in conduct he knew was criminal against his clients. This conduct put his personal financial interest above that of his clients, who he owed his highest duty. He violated the most essential element of the attorney client relationship, that of loyalty to his clients.
Serious Felonies Lead to Disbarment
Houston television station KHOU reported in 2011 that “Attorneys in Texas who snort drugs, flee from police, even offer to trade their legal services for sex [can] still keep their Texas State Bar law license. These are some of the findings of the KHOU-TV 11 News I-Team after analyzing records from various criminal courts along with documents from the Texas State Bar.” This may be true for misdemeanors and felonies for which plea bargains are struck for deferred adjudication probation, where there is no final finding of guilt, but disbarment is generally mandatory for serious felonies upon final conviction.
In fact, the Texas Rules of Disciplinary Procedure require disbarment for “intentional crimes,” defined as serious crimes that require proof of knowledge or intent as an essential element.
On September 28, 2015, Ernst Mitchell “Mitch” Martzen, writing in the Dallas Bar Journal, called attention to statistics from the Texas Bar Journal (TBJ) between 2007-2011 showing that there were “100 significant cases of attorney discipline resulting from criminal behavior” by Texas attorneys. Most of the criminal behavior involved white collar crime such as “fraud, breach of fiduciary duty, tax evasion or theft.” Interestingly, Martzen noted that the average profile of the attorneys involved in this criminal behavior was a 52-year-old white male who received a prison term from 5 to 7 years.
Slightly more than half of the attorney cases that led to discipline were prosecuted in state courts while the rest, like Fisch, were prosecuted in federal courts. Federal convictions over this time period led to 50 of the attorneys being disciplined, according to the Martzen’s examination of the TBJ.
Federal Crimes Taken Seriously By Bar
However, attorneys prosecuted at the federal level were punished far more severely. As Martzen explained:
“Over half of all attorney crimes involved dishonesty, such as fraud, tax evasion, forgery or theft of fiduciary property. These offenses are taken very seriously, and nearly every attorney convicted of such crimes ultimately resigned from the bar or was disbarred…”
What’s Good for the Goose…
We have written here much about prosecutorial misconduct, much of it involving conduct that should be classified as criminal behavior by prosecutors against criminal defendants. We have exhaustively pointed out that prosecutors who commit this insidious type of wrongdoing are rarely charged with a crime, forced to answer a disciplinary action or subjected to any civil liability. However, private attorneys who commit crimes against either their clients or the public at large will, more often than not, be indicted, convicted, and disbarred.
Saying this does not mean we minimize Abraham Fisch’s criminal behavior. Given the crimes of his conviction, this attorney deserves both criminal and disciplinary sanctions. His behavior stained the reputation of all attorneys, especially criminal defense attorneys, and reinforces the suspicious attitude of the public about our institutions of justice.
Attorneys Must Maintain the Highest Standards of Conduct
The Abraham Moses Fisch case demonstrates something that criminal defense attorneys know far too well; that the human condition is a frail one and that attorneys who do not adhere to the highest standards of ethical conduct often find themselves on the slippery slope towards professional and personal ruin.
This is a difficult blog to write. Abraham Fisch was a fellow criminal defense lawyer and, as fellow criminal defense lawyers who fight against prosecutors every day, we all cringe at the prospect of one of our own being prosecuted by “other side.” But, what Mr. Fisch was convicted of offends us more than our natural self protection of our own kind. He betrayed and defrauded his own clients, criminal defendants who were facing years in federal prison and were desperate to find a way out of a life shattering situation. We rail at the government when they abuse criminal defendants and would be intellectually dishonest to ignore Mr. Fisch’s insult upon our professional calling.
While we are disgusted with Mr. Fisch’s conduct, our job, as criminal defense attorneys, is not to judge but stay true to our duty to defend those who find themselves in the cross-hairs of the government. We will let juries judge human failures. However, we will continue to demand that both prosecutors and defense lawyers be held to the highest professional standards, because doing less threatens the lives and liberty of those we have sworn to serve.
Take the first step toward protecting your freedom by contacting us now
Testimonials
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Excellent service and a lawyer that doesn't lie. He does what he says. JW recommends him.
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It was a pleasure speaking with John. He is knowledgeable and has a true desire to help the people of society. I turned to him for some guidance of a long-standing issue. He never … More rushed our conversation and went out of his way to look into the details to provide the right answer as well as assist me anyway he could. Thank you for our conversations and I wish your and your firm the best. If you need a lawyer, John Floyd is your guy!
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He explained my case better then any other lawyerPositive
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Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
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I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
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Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
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I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
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Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
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John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
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What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
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Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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Great service, very knowledgable and happy to help with any questions I had
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I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
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The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
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John and Chris are true professionals! Love those guys like family!
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Mr. Floyd and his team are very knowledgeable, informative, and helpful.
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Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
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The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
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I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
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I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
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Extremely helpful!!! Helping me understand the law.
John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization
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