United States v. Cueto Case Brief Summary | Law Case Explained

United States v. Cueto, 151 F.3d 620 (1998)

The criminal defense attorney who’s also a criminal is a staple of pop culture. Think of Tom Hagen in The Godfather, or Saul Goodman in Breaking Bad. But in real life, attorneys who assist their clients’ illegal activities, rather than just defending them in court, can end up in prison. Even litigation-related activity, such as filing motions, can violate the law if done with illegal intent, as seen in United States versus Cueto.

Thomas Venezia owned a business that supplied video poker machines to bars. State law permitted the machines to reward players with more plays only, but Venezia conspired with bar owners to make illegal payouts to users. Amiel Cueto was Venezia ’s attorney, but he was also financially involved in Venezia’s illegal business operations.

The government empaneled a grand jury to investigate Venezia and his business. Cueto filed numerous motions attempting to hinder the grand-jury investigation, all of which were denied. Venezia was indicted and convicted.

Seven months later, another grand jury charged Cueto with conspiracy to defraud the United States and obstruction of justice, alleging that he used his position as an attorney to unlawfully obstruct the government’s investigation of Venezia by filing false and frivolous motions. Cueto was convicted and appealed to the Seventh Circuit.

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