The use of the Department of Justice (“DOJ”) as a political weapon is a hot topic in the legal field today. Yet, many members of the general public would be surprised to learn the full extent of the DOJ’s political weaponization. Others, who have unfortunately found themselves personally victimized, have been crying from the mountaintops about this reality for some time.
Michael Segal is a perfect example. He was personally victimized by the DOJ and has thus carried the heavy weight of the DOJ’s rampant misuse of power. Since that time, he has dedicated himself to exposing the full extent of the DOJ’s widespread misuse of power and at times, the use of their playbook tactics as to constitutional misconduct and violations of the Department’s regulations.
Mr. Segal was targeted by the DOJ because of the influence of a politically connected competitor and the leveraged attempt to entrap others by wearing a wire. Using an obscure Illinois statute relating to insurance payments, the DOJ stripped him of his business of 1,000 employees and a $250M valuation through a RICO count and sent him to prison on a 10-year sentence for a victimless crime and clear legal jurisdictional prohibitions against the federal government regulating state insurance.
Ironically, during Mr. Segal’s trial, not one witness testified that they had been defrauded in any way or denied an insurance policy payment. Similarly, no insurance company representatives ever testified or even claimed that Mr. Segal’s company failed to make payments on time for insurance policies issued. Yet, these facts were wholly ignored because the prosecution focused on esoteric accounting and insurance regulations and Mr. Segal’s “high lifestyle” and mischaracterization and political taint. By putting Mr. Segal’s lifestyle on trial, the prosecution was able to foster an attitude of general suspicion, distrust, and disdain.
Significantly, the lead prosecutor had previously been fired for misconduct and had to bring a case against the DOJ to get his job back. Unfortunately, the lead prosecutor’s pattern of misconduct continued throughout the course of Mr. Segal’s case. His defense attorneys were electronically monitored without consent and crucial “brady” material disappeared without explanation. Even more concerning is thousands of emails including attorney-client privileged documents were hacked from Segal and his company’s computer servers and the contents were used by the government and the proven hacking conspiracy was protected by government parties.
Still, Mr. Segal continued to fight like a modern-day Don Quixote; appealing, arguing, and exposing at every turn. Unfortunately, his arguments and exposures have continually fallen on deaf ears. Now, the topics of prosecutorial misconduct and misuse of power are in vogue, but few have stepped forward to fight a misguided prosecution the way Michael Segal has fought.
Sal Cognetti, Jr., is a former assistant U.S. Attorney, and former Chairman of the Disciplinary Board of the Supreme Court of Pennsylvania. He assisted Congress in drafting the Citizens Protection Act (“McDade-Murtha Amendment” 28 U.S.C. 530 B), which requires federal prosecutors to follow state and federal rules of professional responsibility.