Coming For The Lawyer

December 7, 2016

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Coming For The Lawyer

Assistant United States Attorney Eric Joseph Fuchs, the lead prosecutor in a racketeering case against four members of the Bandidos Motorcycle Club including former National President Jeffrey Pike, is apparently trying to make his case easier to win.

Fuchs, who has been out of law school for about  nine years wants to disqualify Pike’s attorney, Kent Schaffer, because Shaffer may know too much.

Indeed he might. Shaffer has been practicing law for 35 years. Before he went to law school, he spent three years as an investigator for a criminal defender named Richard “Racehorse” Haynes.

Stories, and probably a few legends, abound about Haynes. He used to have his clients thank the court after they were acquitted. He stopped that after one wrongfully accused man told the jury, “Ladies and gentlemen, I want to thank each and every one of you. And I promise you that I will never, ever do it again.”

Arguably, Schaffer may be better than his mentor. For example, he once got Tom Sizemore off. “It was a masterful performance,” Sizemore told Houstonia magazine last year. “I’ve been in court with some of the best lawyers available, and I can’t remember one word they said…. The judge was hanging on Kent’s every word.”

Disqualification Motion

The young prosecutor filed a motion to have Schaffer disqualified from representing Pike on October 11. That motion is sealed. A hearing on the motion was held on November 30. Atypically, the transcript of that hearing is not sealed.  Fuchs argued that the senior attorney was working for the Bandidos rather than for Pike. The prosecutor argued that Schaffer routinely reviews all plea agreements made by Bandidos to find out who has agreed to cooperate with prosecutors. Therefore, since he was working for the club rather than Pike, there was a conflict of interest.

Three Bandidos club officers were secretly indicted a year ago. In addition to Pike, club vice president Xavier Portillo and national sergeant at arms Justin Cole Forster were charged with racketeering. The indictment was unsealed last January. A superseding indictment was unsealed in July and an additional Bandido named Frederick Cortez was also charged. Cortez and Forster both negotiated plea agreements with prosecutors in October.

Both Pike and Cortez are free on Bond. Portillo and Forster remain incarcerated.

During the hearing a week ago, Schaffer told Magistrate Henry J. Bemporad that he had never reviewed court filings on behalf of the Bandidos. “I don’t know what one Bandido may have said to another about me, but I know I’ve had about three Bandidos cases, maybe four, in the last 12 years,” Schaffer said. “Nobody has brought papers to me in 35 years, Bandidos or non-Bandidos, saying, we ‘want you to look at these papers and see if this person is cooperating.’”

Bemporad ruled that Schaffer could continue to represent Pike.

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12 Responses to “Coming For The Lawyer”

  1. xplor Says:

    For Eric Fuchs this was just a feeling out round. Most of his cases have been drug related. This will be the first time he has faced a lawyer with the cross-examination skills of Kent Schaffer. Do the feds want to risk using snitches.

  2. Desdicado Says:

    where do they find these clowns? This shit is so nuts, you couldn’t make it up. It’s all about grasping straws and draining cash out of innocent peoples pockets.

  3. Steel Says:

    Fuchs is fucked it seems. This move was a clear sign of desperation. Case isn’t going to hold up under scrutiny. As Paladin said, he tipped his hand.



  4. Paula Carroll Swann Says:

    I have to say that the guy less experienced in trying to remove the more experienced, I think Mr. Pike’s now has a lawsuit against this Mr.Fuchs as in violation of his Constitutional Right…

  5. IronRider Says:

    LOL.. Fuch’s attempts to get Schaffer disqualified from the cash sure seems like desperation to hold together a case that may get pulled apart from the seams. I find it interesting when Prosecutors allege that a defendants counsel is engaged in an illegal activity at the behest of someone else.

    The allegation Fuchs made is very serious and Fuch’s is staking his professional career and law license on an accusation that I am sure has no evidence behind it. One would have to think even if Schaffer was engaged in such conduct that it would have come to light ,many years earlier and would have been investigated by the USDOJ.

    The fact that there seems to be no investigation and no evidence to prove Fuch’s allegation that can substantiate the claim would mean that this would be more of a way to get a proven adversary knocked off a case that your chances of winning were nil at best.

    I wonder if Fuch’s called Reyna for some advice, because I really cant see how Fuch’s thought this idea to get Schaffer disqualified was a great idea and I can only imagine that the Judge hearing the case raised a serious eyebrow and had a WTF moment when he heard Fuch’s spin his tale.

    I can’t imagine the Judge being impressed with the maneuver and I imagine a smack on the hand will be coming to Fuch’s from the Judge for making such an allegation with out evidence to back it up and in open court. It remains to see what Shcaffer will do with the allegation Fuch’s has made as I am sure there is a bar violation that this tactic may have crossed as an officer of the court and as a lawyer of the bar.

    Ought to be interesting to see the fallout from this. Reyna may yet have someone to talk to at the unemployment office

  6. Matlock Says:

    Robert Frost said, “A jury consists of 12 persons chosen to decide who has the better lawyer.”

    In this matter my money is on Mr. Schaffer.

  7. dogbreath Says:

    Magistrate Henry J. Bemporad either did not get the memo, or he has gone off the reservation.

    Assistant United States Attorney Eric Joseph Fuchs must feel like he is standing on shaky ground.

  8. Phuquehed Says:

    Just more proof that there’s no such thing as an honest, non-currupt prosecutor. A better title for this article would have been ‘Prosecutors vying for Shit-Stain of the Year award’.

  9. popeye Says:

    If I come home from work early and get greeted by a sweaty disheveled nervous wife who tells me to not look in the bedroom , guess where the first place I’m gonna look is? Nice job US attorney “pokerface” Fuchs!

  10. Angry White American Says:

    Is Fuchs pronounced “Fucks”?

  11. Paladin Says:

    It’s always nice when a prosecutor tips his hand.


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