My name is Sean Patrick Gjerde. I am a graduate of the University of Oregon and the University of the Pacific. I am currently an inactive member of the District of Columbia Bar and a disbarred member of the California State Bar. This is due to a federal felony conviction for real estate fraud. Due to 5th Amendment concerns I could never tell my real story. But now that I am done with my sentence I can finally be honest and open with everyone.
First thing one must understand I choose to accept a plea deal as I didn't have enough money to go to trial. Second my son Parker was supposed to be born at the end of January 2013, the trial was set for January and if I didn't take a plea deal I would have been in trial or worse I would have been convicted and in jail. I like so many of you desperately wanted to see his own child born. I was lucky enough to see that and my son is the most perfect person I have ever seen and is the love of my life. Lastly what many people don't know and especially most attorneys is that the way the white collar laws are structured with the Feds they do not have to prove specific criminal intent, also known as Mens Rea on a conspiracy charge. This essentially means that it is virtually impossible to win in Federal Court when faced with a conspiracy charge. In other words it is not the judge who holds your fate or the jury, but the U.S. Attorney, in this case a real piece of work, a Phillip Ferrari who is far too interested in his political career and becoming a District Judge than to see anyone especially a White Collar catch such as myself go free. In fact Mr. Ferrari worked with another shady character, a Paul Daniel who attempted to extort me out of a quarter of million dollars. Likely both would have profited if I had accepted. As should be noted my judge, another piece of work, Judge John Mendez who decided to not take into account nearly 30 letters in support, the fact that during the crime that took place I was recovering at home after being in a near death accident for which later the Feds themselves would admit in a schedule A letter that I had suffered from PTSD following that accident and was addicted to heavy pain medication. This didn't matter to Mendez, more compelling to Mendez was not the fact that I had documented the good work I had done or that I very much had mitigating circumstances. What was important to Menendez was the testimony of a child molester, my codefendant Maness, who the Feds, Phillip Ferrari would later give immunity in order to testify against me. Keep in mind Manness was a known child molester, the Feds withheld that evidence for some time in fact. In the end the whole reason why I was included in the case involving Hoda Samuel and the co-defendants was because I had refused when offered to wear a wire against my co-defendant in order to implicate her. This would have gotten me off. But my training was in law school as it is today to fall on the sword for your client at all costs, to protect them, as that is your duty as a lawyer. Ultimately I paid the ultimate price for that. Everything else is a cover up to make it appear that is not the case.
The California State Bar is another political animal, beset with their own numerous scandals. As is widely known two recent Governors, Wilson and Schwarzenegger had defunded it. An excellent documentary was released last year called the Scandal of the State Bar, it is on YouTube and I do recommend it. Safe to say all the allegations levied by the State Bar were for one specific purpose and that was to get me to plea out or be found guilty in federal court. After I was visited by the joint IRS/FBI task force and only then after nearly 10 years of not having heard from the Bar and have a glowing record did I hear from them on trumped up charges. Ultimately I wasted money on useless attorneys in fighting the state bar, again it is a sure thing you will be convicted, no matter what. Ultimately the California State Bar is political organization, with its prosecutors (I use this term loosely). In the end they cooperated and coordinated with the Feds to ensure that I would lose my license prior to going to court on the Fed charges. It was only because I had come down with due to all the stress begnin positional vertigo did I never actually receive my day in bar court. Since I had an issue of the 5th Amendment I likely could not have testified. I would have lost. As of know my only disbarred act is the act of receiving the felony, no other charges have been proven against me and I do intend to eventually fight them once I am off Federal Probation. One such accusation was that I took money from an old lady, who in actuality is only 60 years old and has never filed a bar complaint against me but in fact had sued the California State Bar for RICO violations in San Francisco. The most sickening thing is Judge Mendez addmitting in open court 3rd party communication with the California State Bar. Something he honestly should be impeached over but it goes to show the deapth of coordination between the Bar and the Feds.
I am not perfect nor would I claim to be. I have caused a lot of harm to my family due to being stubborn. I should have worn the wire, I shouldn’t have fought. But that is not my character, my character is to fight. If you would like to contact me about your own experiences with the California State Bar or with the Federal Bureau of Justice (oxymoron there) let me know. Thank you for your time reading this. My book is scheduled to come out in January and will be available on the Amazon Kindle store. It describes my experiences with the justice system from the point of view of an attorney and also describes my time at a Federal Prison Camp.