Bismarck Tribune - North Dakota News - Disbarred attorney facing charges

Disbarred attorney facing charges

Sep 05, 2008 - 04:05:38 CDT

By DAVE KOLPACK
Associated Press Writer

FARGO - An ex-convict who was disbarred in North Dakota federal court for misrepresenting himself as a lawyer has been indicted on two felony counts.

Howard O. Kieffer, 53, has been charged with one count of mail fraud and one count of false statements. Authorities said he was arrested last week in Duluth, Minn., where he had a law office.

"This is one I've never seen before," Assistant U.S. Attorney David Peterson said Thursday.

Efforts to contact Kieffer on Thursday were not successful.

Kieffer is under investigation for posing as an attorney in other federal courts, but Peterson said he did not know of any charges in other states. The Denver Post has reported that Kieffer has represented at least 16 clients in 10 federal courts throughout the country.

Authorities said Kieffer was admitted to practice law in North Dakota federal court in March 2007 on false claims that he was licensed in California. That was discovered after one of Kieffer's clients in North Dakota wrote a letter to U.S. District Judge Daniel Hovland.

Kieffer did not handle any cases in North Dakota but used his "good standing" to practice law in Minnesota federal court, authorities said.

Kieffer eventually admitted to Hovland that he is not a graduate of an accredited law school or a member of any state bar association. The judge told Kieffer he can never practice law in North Dakota.

Peterson said Kieffer has appeared at seminars throughout the country to speak about federal sentencing.

"It's my understanding he appeared to be fairly knowledgeable and people believed him to be a lawyer," Peterson said.

Kieffer has a criminal record that includes theft and filing false tax returns. He served time in a federal prison from 1989 to 1992, Peterson said.

Peterson said lawyers who want to practice in federal court are required to sign a document that shows their legal training and other states where they are licensed. Another requirement is that a licensed lawyer in that state vouch for the applicant.

"That's the way it has been done for 100 years," the prosecutor said.

Kieffer said in his North Dakota application that he had a juris doctor degree from Antioch Law School in Washington, D.C., and had been admitted to practice law in a federal court district in California.

Kieffer's first court appearance is scheduled for Sept. 15 in Bismarck.

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Comments

Not so wrote on Sep 5, 2008 1:00 PM:

" "That's the way it has been done for 100 years," the prosecutor said. Except that what was done different in this case is that Kieffer was allowed to bypass the normal application required by the North Dakota District and design his own. Further, he was allowed to sign off and vouch for himself as an attorney in good standing and of good moral character. This aberation and signing off for himself was approved by North Dakota Chief Judge Hovland. Just look at the Kieffer designed and submitted and North Dakota District approved application. "

Norm wrote on Sep 5, 2008 8:54 AM:

" I assume he'll be representing himself. "

Legal Eagle wrote on Sep 5, 2008 8:46 AM:

" Methinks this man watched "My Cousin Vinny" too many times. "

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