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Showing 1 - 1 of 1 review | 1 star

Posted by Joseph | February 06, 2020 | Hired Attorney

Attorney Mark J O’Brien Botched Proffer Session

February 2014 I retained attorney Mark J O’Brien for a preindictment investigation. I believe attorney O’Brien used coercion trickery promises and deceit when he intentionally knowingly hoodwinked me into an interview with the government. Attorney O’Brien lied to me, he told me AUSA Jay Hoffer gave m...e immunity he wanted to meet w/me for a proffer session, he secured a proffer agreement and that my statements are protected by the federal rule of evidence 410 criminal procedure 11f not admissible at trail, he told me to speak freely tell my side of the story without fear my statements will be used against me at trail, tell the truth there will be no charges filed. Approx one year after the interview I learned from the government that the interview wasn't a proffer session but a voluntary interview, O’Brien never secured a proffer agreement therefore my statements weren’t protected by the federal rule evidence 410 criminal procedure 11f which means my statements are admissible at trail. I don’t believe this was. A mistake I believe this was intentionally done there is no explanation for O’Briens actions. I believe based on evidence and facts that O’Brien concocted a scheme in order to get me into interview with the AUSA and FBI so they could manufacture evidence to cut off my chances of winning at trial. Before the interview O’Brien did not request the proffer agreement, he did not take contemporaneous notes, record the interview, read, adopt or sign the FBI 302 form. Agent Higgins went unchecked free to write whatever he wanted. AUSA Jay Hoffer used the manufactured confession during the entire trail, FBI Higgins testified four times and he used it four times in his closing arguments. The government hung hat a tainted confession. They produced no evidence I had knowledge of the fraud. The government star witness Brendan Bolger (who received 8 months for $50,000,000.00 bank fraud yup you read that correctly) testified “he never disclosed the fraud to me” “we never had that conversation”. Not one witness testified that I had knowledge of the fraud at the time the loans were made, not even the mortgage broker. The only evidence the government was able to produce that I had knowledge of the fraud was the manufactured confession from the April 2014 interview. Attoreny O’Brien stated on the record in his 2018 Response Affidavit 2255 that the AUSA Jay Hoffer authorized the April 2014 proffer session and he authorized him to move forward without securing the proffer agreement. AUSA Jay Hoffer responded to O’Brien Affidavit stating that he never authorized O’Brien the April 2014 interview was a proffer session, the April 2014 interview was voluntary interview therefore the government could use the statements from the April 2014 interview. O’Brien gave the government, involuntary interview which led to a manufacture confession which led to a false witness (FBI Higgins) which all led to my conviction. Because of O’Briens ineffectiveness, malfeasance and gross negligence I was convicted of a crime I had no knowledge of nor was I a willing participant. I truly believe based off of O’Briens actions or lack of attorney O’Brien curried favored with AUSA Jay Hoffer and intentionally knowingly set me up. O’Brien and the government made it appear as if I confessed incriminated myself, when in actuality it was O’Brien who convicted me. There is no other explanation for O’Briens actions why he did what he did. Attorney O’Brien doesn’t know the difference between a voluntary interview v. proffer session and he doesn’t know how to conduct a proffer session. O’Brien stated that “it’s his practice not to secure proffer agreements because he doesn’t like to take away his clients rights”, well that’s exactly what he did to me, he took away my right to a fair trail. Do not put your life in this mans hands, he is a wreck less rogue attorney, he didn’t have my best interest at heart. This is my personal experience in dealing with attorney O’Brien.

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