Advanced Search  |  Sitemap  |  Contact Us
  
 

FOLLOW US

Subscription required for full online access

Current subscribers to the Buffalo Law Journal, click here to create an account for full online access.

Not a subscriber? Click here to see subscription options. Questions about your online access? Call us at 716-541-1650.

Bizjournals Legal News

Editor's Note Fri, 25 May 2012 10:00:00 +0000
Women to Watch: Piyumi Samaratunga Fri, 25 May 2012 10:00:00 +0000

Google Legal News

Featured News - Current News - Archived News - News Categories

Hochul settles in as the top lawman

Thu, Nov 11th 2010 12:00 am
By MATT CHANDLER
mchandler@bizjournals.com | 716-541-1654

When William Hochul Jr. took over in April as U.S. Attorney for the Western District of New York, the job came with some hefty expectations.

An assistant district attorney for nearly two decades, he was well-known for the successful prosecution of Buffalo drug gang leader Donald "Sly" Green and, later, for his leading role in the prosecution of the "Lackawanna Six" terror suspects.

With a reputation as a tough, no-nonsense prosecutor, Hochul came onboard at a time when violent crimes and drug activity in parts of Western New York were on the rise and Erie County was embroiled in a federal lawsuit over conditions in the Erie County Holding Center.

Now, seven months later, Hochul sat down with the Buffalo Law Journal to discuss the progress his office has made, as well as the work that remains to clean up the streets and fulfill a promise he made the day he took office to "always fight for the underdog."

The following is an edited version of that conversation.

Was it extra special to be named U.S. Attorney for the Western District of New York, given that you are a native son?

WH: I'm homegrown, but then also a Buffalonian by choice. My wife (Erie County Clerk Kathy Hochul) and I lived in Washington and were lawyers, so for us to come back here in 1991 was particularly gratifying to be able to raise our family here and to be able to contribute to the Buffalo we remembered.

Given the things you see on a daily basis in your job, is it frustrating to see what is happening in the region? And do you ever see the city returning to the way it once was?

WH: I wouldn't say it's frustrating, but I would use the word motivating. I think there are important contributions the law-enforcement community can make to any city. And here in Western New York, being the United States Attorney, I feel I can direct resources and certainly inspire my office to do some of the things that contribute to the well-being of Western New York.

What are key things you are focusing the resources of your office on?

WH: Violent crime has got to be a top priority at this point. People will not come to downtown; they won't shop and spend money if they don't feel safe. The other aspect my office can contribute to is making sure the business community has a level playing field. There are any number of efforts under way to steal the intellectual property of Western New York businesses. My office, in prosecuting this - such as copyright violations, as innocuous as that may sound - I feel can make sure our business community is protected and as viable as possible.

At a time when the drug problems, gangs and street violence are so high, are there those who question devoting manpower and resources to fight such things as copyright infringement, which some might see as a victimless crime?

WH: Well, we are very fortunate here in Western New York. President Obama and Attorney General Holder have given us enough resources to do both. We have a very large group of assistant U.S. attorneys that are dedicated to both types of crime and also to keeping the homeland safe.

When you took office, you said you were "committed to sticking up for the underdogs and protecting the most vulnerable members of our society." Give me a sense of who you think are the most vulnerable. And since taking office, what are you doing to protect them?

WH: First and foremost, it would be the people who live in Western New York who continue to be victimized by the presence of street gangs. We have seen a spike in gang-related violence, shootings, narcotics trafficking and different types of property destruction, and we have got to get that under control. We also have people who are victimized by civil-rights violations and people that are taken advantage of by unscrupulous investors. We intend to prosecute them - and we have been, from the very first weekend I took office.

You came into office with a reputation as an aggressive prosecutor who didn't back down from cases. I saw you described in one article as a "bulldog prosecutor." Your prosecution of the Lackawanna Six contributed to that. Is that a conscious style you have chosen, or are you just going to work every day and doing the job?

WH: My mantra has always been that I will fulfill the oath and the obligation of this office. My obligation is not only to convict those who have broken the law but to deliver justice. I once heard it said that the U.S. Department of Justice is the only department in all of the government whose name is an ideal. And I live to the ideal of performing justice each and every day. At the end of the day, if somebody breaks the law it is my obligation to prosecute them, regardless of who they are or what they did.

As the U.S. Attorney for Western New York, do the politics of the job ever get in the way? Is it a juggling act to play the political game while effectively prosecuting the cases that cross your desk?

WH: We are very fortunate as United States attorneys not to have politics play any role whatsoever in how we administer justice. We simply don't have it play any role in who we prosecute or don't prosecute and why.

Now that you are the "top dog," do you miss being in the trenches daily? Has that been a difficult transition?

WH: For the last 23 years, I was a courtroom lawyer and I enjoyed that very much. It was the reason I became a federal prosecutor. As the United States attorney, I'm no longer in the courtroom as much but I am involved in virtually every case my office handles. I've had a role in decisions, a role in policies and in guiding certain charging and plea decisions. I wouldn't describe it as better than my previous decision, it is just different.

It seems that there have been more cases involving child pornography and sex crimes against children. Is that the case? And, if so, is it part of a conscious effort on your office to focus on those crimes?

WH: You are right. We have had a number of those cases as of late and it is a result of good law-enforcement work, as well as hard work on the part of my assistant U.S. attorneys in the white-collar and general crimes area. It is also a result of some great work and dedicated effort on the part of the FBI and some of our partner agencies.

What are areas in which you've seen an increase in the number of cases being presented for prosecution?

WH: We have had substantial increases in intellectual property prosecutions. We have also seen a rise in the white-collar fraud areas, the investor-fraud type of cases.

Some cases are high profile and with that comes media attention. As a prosecutor, how much of an impact does it have on a case?

WH: I've always enjoyed the scrutiny of the public. As a prosecutor, I've always sought to achieve justice for the victims through prosecution of those who have committed a particular crime. But where the community can benefit from the attention and scrutiny of a prosecution is what I call the general deterrence value of a case. For every one lawbreaker we may identify and prosecute, it is our hope and expectation that 10 other potential lawbreakers may see what we are doing and, because of the public spotlight on the crime, elect not to follow through with their own plans.

Given everything you see and the inherent pressures of the job, how, after 23 years, are you able to flip the switch and leave your cases at the office?

WH: As you become more experienced, I think you learn how to deal with it and manage it. I think it may be a product of length of time in the system.

It is no doubt in my mind attributable to having a very supportive wife. My wife, Kathy, to whom I've been married for over 26 years, is also a lawyer. She understands the pressures of my job and has many challenges on her own. When both of us are off duty, we have an ability to connect and to share. I can't tell her specifically what I do at the office but she certainly understands the demands of the job and she is a tremendous comfort to me. The final thing would be my faith. I had a strong upbringing that included a strong religious faith, and that helps me survive and get through every day.