Defense attorneys for James Lenz, who was facing up to 10 years in prison for federal conspiracy charges, were able to secure a not guilty verdict last month, following a two-week jury trial.
The case was filed in U.S. District Court for the Western District of Wisconsin, and Attorney Joseph A. Bugni with Federal Defender Services of Wisconsin Inc., was appointed to the represent Lenz. Bugni then partnered with Rob Rosenberg, president at RCS Legal, a courtroom consultant and technology company.
Bugni said at first it was daunting as he faced a team of federal prosecutors in Wisconsin who had flown from Washington, D.C. Typically Bugni said he recognizes opposing counsel, which can make a difference.
“It’s the devil you know versus the devil you don’t,” Bugni said, during an interview with the Wisconsin Law Journal on Tuesday.
According to Rosenberg and Bugni, several others assisted with the Lenz’s defense, including Bugni’s paralegal, Shavon Caygill, and Rosenberg’s trial consultant, Melissa Van Beck.
Rosenberg and Bugni both credited Caygill and Van Beck, as being instrumental in trial’s positive outcome, they said.
“Melissa had a time intensive, integral role. When she sits in a courtroom, she’s in a pressure cooker at all times, constantly on. It’s like the feeling of 10,000 people staring at you and having to perform. She does it flawlessly and played an integral role to the successful outcome of the trial,” Rosenberg said.
When Van Beck was asked how she played a role in the successful outcome of the trial, she said, delivery.
“We developed tools to help Joe deliver information to the jury in an easy to digest concise manner,” Van Beck said.
Rosenberg also praised the work of Bugni.
“Over the years I’ve had the opportunity to work with some really great lawyers, some of the best in the country. When we got to work with Joe, the first thing I noticed was zeal, passion and enthusiasm. Joe was heavily invested in the outcome of this case,” Rosenberg noted.
Bugni also praised the work of the entire legal team at RCS Legal.
“My trial consultants were really great. I was very fortunate to learn from them,” Bugni said, noting that he was pleasantly surprised to work with Rob and Melissa, gaining invaluable resources.
“In the Federal Defender’s Office, we aren’t used to those types of resources (offered by RCS Legal),” Bugni said.
“You don’t get that technology and the ability to talk through issues with individuals so immersed in the case. Rob and Melissa have a mastery of craft and made everything easier,” Bugni said.
According to a copy of the indictment obtained by the Wisconsin Law Journal, Lenz was the environmental manager at Didion Milling Inc. (DMI) from approximately June 2011 to April 2016. During that time, he began part-time work as an environmental consultant for DMI. His duties as the environmental manager included monitoring DMI’ s compliance with pollution control permit requirements and interacting with third-party environmental auditors and government regulators.
The indictment also noted DMI sold millions of dollars of milled corn ingredients annually to various food and beverage manufacturing companies. DMI milled the ingredients at the Cambria facility and shipped them via interstate carrier to its customers. As a condition of DMI’s certification, a third-party food safety auditor performed an on-site audit at DMI’ s mill each year to determine compliance with certification requirements.
According to court documents obtained by the Wisconsin Law Journal, Lenz, along with other co-defendants, knowingly and intentionally conspired to falsify documents in violation of 18 U.S.C. § 371 and 18 U.S.C. § 1001(a)(3).
During Bugni’s opening statement he maintained Lenz’s innocence, while arguing “bad” facts were taken out of context about his client.
Bugni told the story of his client as being a family man, who has been married to the same woman for more than four-decades, and has two children and two grandchildren.
Bugni reminded the jury that while Lenz was responsible for tracking hundreds of pages of data simultaneously, he had no authority over other employees and repeatedly reminded the staff to comply with applicable federal law, often via written email correspondence. Bugni then explained to the jury how Lenz increased efficiency from a stack of papers to electronic data tracking, successfully modernizing an outdated system — effectively revolutionizing how the company did business.
“There is only a conspiracy if you want there to be,” Bugni said during opening statements to the jury. In a slide presented to the jury labeled “Worst Designed Conspiracy … Ever…” Bugni argued his client literally had nothing to gain by engaging in the conduct alleged by federal prosecutors. Assuming his client had done so, Lenz would not have received any financial gain. There would have not been a pay raise, stock incentives, a job promotion, or any bonus.
“If there was a conspiracy, Jim Lenz had no idea,” Bugni said.
During closing arguments, Bugni said he proved his client’s innocence while demonstrating how context matters and how the government was forcing a conspiracy theory that simply did not exist.
Rosenberg praised Bugni’s closing argument.
“Joe gave one the top-five closing arguments I’ve ever seen. You don’t get to say that often and really mean it. Joe had extraordinary knowledge of the case and command of the courtroom. He took facts, told the true story, and molded that into a successful outcome for his client,” Rosenberg said.
In this particular case, the government failed to prove Lenz acted knowingly and willfully, beyond a reasonable doubt. Lenz was found not guilty.
Bugni attributes the success of the case to RCS’ legal strategy and the use of the next generation of technology.
“Rob and Melissa have a unique ability to present things in a clean and persuasive way that cuts out what won’t resonate with the jury,” Bugni said.
“This a whole different level of playing field. My only wish is that I would have experienced it earlier in my career,” he added.
Rosenberg said the secret to his success has been observing what works and what doesn’t work from many other trials.
“I’ve never walked away from a trial where I did not learn something from the opposing side,” Rosenberg noted.
Rosenberg says he helps attorneys by “getting lawyers to get out of their own way. That’s also the key to success,” he added.
Rosenberg also noted he and Van Beck were so pleased with Bugni’s courtroom performance, his firm presented Bugni with a portrait on November 7.