Alston & Bird Steps In to Defend Former Sutherland Partner
Alston & Bird partner Paul Monnin has replaced Dentons counsel in representing former Sutherland, Asbill & Brennan partner Bennett Kight in a federal fraud case.
May 22, 2018 at 02:25 PM
2 minute read
A former partner with Atlanta's Sutherland, Asbill & Brennan has retained new counsel to defend him against federal fraud charges that have been pending for more than two years.
Alston & Bird partner Paul Monnin, a former federal prosecutor in Atlanta, takes the reins from Dentons partners Barry Armstrong, Randy Evans, Rachel Cannon and Shari Klevens. Monnin will represent former Sutherland partner Bennett Kight.
Monnin, who specializes in securities litigation and civil and criminal regulatory defense, filed a notice of appearance on May 18. That came seven months after Judge William Duffey Jr. of the U.S. District Court for the Northern District of Georgia disqualified Armstrong and his firm for a conflict of interest. Monnin could not be reached for a comment.
Armstrong defended Kight for five years against civil and criminal allegations associated with claims the attorney defrauded millions of dollars from trusts he managed for the heirs of Atlanta entrepreneur Walter Bunzl. Bunzl and his family fled Vienna in 1939 as the Nazis advanced through Europe. The family eventually settled in Atlanta.
Duffey disqualified Armstrong and Dentons at the request of federal prosecutors, who said Armstrong had at one time jointly defended Kight and the trusts' former accountant William Lankford. Lankford was given an immunity deal, and is now a government witness against Kight.
As a result, prosecutors said Armstrong is an unsworn witness because of his involvement in meetings and other matters that federal prosecutors say they intend to introduce as evidence. Prosecutors said that, absent disqualification, Armstrong could argue issues involving Kight's credibility and his own conduct without being placed under oath or being cross-examined.
Kight retained Monnin after Duffey refused to stay the criminal case while Dentons lawyers appealed a finding that Kight is competent to stand trial.
Kight's attorneys contend he suffers from dementia, but a court-appointed neuropsychologist disagreed during a competency hearing last summer.
In an April 28 order, Duffey suggested Kight's Dentons counsel were attempting to further delay a trial. And he again rejected arguments by Dentons lawyers that Kight's mental condition prevents him from assisting new counsel in preparing for that trial.
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