A man accused of impersonating a lawyer in federal courts in 10 states has pleaded not guilty to two felony charges, and says he does not intend to act as his own attorney in the case.
Court records say Howard O. Kieffer, 53, represented a number of clients, including a former St. Louis Blues hockey player who pleaded guilty to plotting to kill his agent, and a Colorado woman who was convicted of soliciting the murder of her former husband. The agent and former husband were not harmed.
At Kieffer's arraignment Monday, U.S. Magistrate Charles Miller scheduled his trial for Nov. 18 in Bismarck. Miller ordered Kieffer not to file documents in any court or to hold himself out as a lawyer or an expert on federal prison sentencing guidelines.
Kieffer remains free on bond. Miller declined a request by David Peterson, an assistant U.S. attorney, to increase the bond from $25,000 to $200,000.
Kieffer is charged with mail fraud and making false statements when he was granted permission in March 2007 to practice law in North Dakota's federal courts. U.S. District Judge Daniel Hovland ordered Kieffer disbarred last month.
The mail fraud charge carries a possible penalty of 20 years in prison, while the charge of making false statements is punishable by five years in prison. Both carry a possible $250,000 fine.
During Kieffer's arraignment Monday, Miller said Kieffer's actual sentence would probably be much lighter if he pleads guilty or is convicted.
Court documents show Kieffer was hired to work on cases in Alabama, Colorado, Florida, Georgia, Illinois, Kentucky, Ohio, Minnesota, Missouri and Tennessee. He did not handle any North Dakota cases, but is accused of using his "good standing" in the state to get permission to practice in other federal jurisdictions.
In Kieffer's disbarment order, Hovland wrote that he began checking on Kieffer after Joel Wells, a man facing two federal child pornography charges in Minnesota, wrote the Bismarck-based federal judge a letter saying Kieffer was not a lawyer.
Wells said he paid Kieffer $37,000 to represent him and became suspicious when Kieffer was evasive and ignored his calls.
Kieffer lives in Duluth, Minn., where he has an office, court records say. He also is director of Federal Defense Associates, of Santa Ana, Calif., which promises clients "specialized, creative and tenacious criminal defense, post-conviction representation and zealous Bureau of Prisons advocacy."
Kieffer has the right to represent himself, but during his arraignment Monday, Kieffer told Miller he did not plan to do so. Bismarck attorney Tim Purdon represented Kieffer at the arraignment, but said Kieffer intends to hire Joshua S. Lowther, of Savannah, Ga., as his defense attorney.
Kieffer defended former St. Louis Blues player Michael Danton, who was charged four years ago with plotting to kill his agent, David Frost. Danton pleaded guilty in July 2004. He is serving a 7½-year sentence at a minimum-security federal prison in Sandstone, Minn.
Kieffer also defended Gwen Bergman, of Aspen, Colo., against charges that she used $30,000 from her mother's retirement fund to hire someone to kill her former husband.
U.S. District Judge Walker Miller, who heard Bergman's case without a jury, found her guilty in May of two murder-for-hire felonies. Kieffer withdrew as her lawyer July 9, after The Denver Post reported that he never graduated from law school and was not licensed to practice law.
Miller has been considering whether to grant Bergman a new trial. Federal prosecutors have resisted the request, saying Bergman's defense team included a licensed attorney.
Kieffer runs an Internet discussion group on federal prison issues and has been quoted in The Washington Post, Slate.com and other publications as an expert. The Association of Federal Defense Attorneys once offered an audio question-and-answer session with Kieffer as an opportunity for attorneys to earn required credits in legal education.
Robin Washington, the editorial page editor of the Duluth News Tribune, wrote in a column Monday that Kieffer had asked to be named as a citizen representative on the paper's editorial board.
"His name was put into consideration. We could do worse than have a nationally recognized federal criminal defense lawyer on our team," Washington wrote. "Except, by all indications, it looks like he wasn't one."
Posted in State-and-regional on Monday, September 15, 2008 7:00 pm Updated: 2:21 pm.
© Copyright 2009, BismarckTribune.com, 707 E. Front Ave Bismarck, ND | Terms of Service and Privacy Policy