Henry L. Klein v. Louisiana Office of Disciplinary Counsel
After FNBC Bank was closed by regulators at a $1 Billion loss, FDIC sold the bank's loans in a secondary market at deep discounts. Girod LoanCo, created solely to purchase the loans, acquired $600,000 in debt owed by Regina Heisler, Petitioner's client. In defense, Petitioner exposed GIROD as part of a $108 billion vulture-conglomerate in the Cayman Islands. In retaliation, GIROD combined with Louisiana's Office of Disciplinary Counsel to accuse Petitioner of filing "...overly-zealous pleadings..." on his client's behalf. ODC allowed a single deputy to assume the roles of (i) complainant, (ii) investigator, (iii) prosecutor, (vi) adjudicator, and (v) appellate counsel and a single agency to prosecute Petitioner. In lawyer-discipline cases, Louisiana's scheme of review is sui generis.
Q-1. Did Louisiana ODC violate Axon Enterprise v. FTC and SEC v. Cochran principles by having a single deputy assume all prosecutorial and adjudicatory roles in a single administrative agency?
Q-2. In lawyer-conduct cases, does the Louisiana administrative scheme provide "...a meaningful judicial review..." of proceedings by two panels of non-Article III adjudicators?
Q-3. Given that after Axon/Cochran, the only question left was "...to decide where [the constitutional challenges] may be heard...", is this Court the one and only tribunal pursuant to 28 U.S.C. § 1257(a)?
Q-4. Did ODC violate Petitioner's 1st, 5th and 14th Amendment rights by subjecting him "...to an illegitimate proceeding led by an illegitimate decision maker."? Atom, atp.13.
Q-5. Was the use of the bar disciplinary process to advance GIROD's litigation goals a malum prohibitum as suggested at Politically-Motivated Bar Discipline, 85 Washington University Law Quarterly 770 (2005)?
Q-6. Should the Court use its inherent powers pursuant to Chambers v. NASCO and 28 U.S.C. 1651(a) to independently investigate if GIROD engaged in "...fraud upon the courts..." by weaponizing the FNBC notes to bilk hundreds of millions of dollars from victims of the bank collapse, including Petitioner's client?
Did Louisiana ODC violate Axon Enterprise v. FTC and SEC v. Cochran principles by having a single deputy assume all prosecutorial and adjudicatory roles in a single administrative agency?