Before he was on D.A.’s staff: Spitzer was lawyer for indicted Broadcom billionaire

December 26th, 2008, 6:30 am · 12 Comments · posted by John Gittelsohn

Nicholas and Spitzer

Todd Spitzer has gone back to work at the Orange County District Attorney’s Office, 12 years after he quit prosecuting to launch his political career, first on the Board of Supervisors and then in the state Assembly.

But before returning to the North County Courthouse, where he now works as a senior trial counsel, Spitzer performed legal work for one of Orange County’s most prominent indicted individuals: Henry T. Nicholas III, the billionaire co-founder of Broadcom Corp.

Nicholas, 49, has pleaded not guilty to federal charges of distributing illegal drugs and securities fraud related to Broadcom’s $2.2 billion employee stock options scandal.

We asked Spitzer, who has made no secret of his ambition to be O.C.’s next D.A., why he would work for the embattled Newport Coast tech mogul.

“Your inference by your question is that somehow being a lawyer and helping clients taints the reputation of the attorney. I could not disagree more with your assertion,” he wrote in an e-mail response to questions.

“I am proud of my affiliation with Dr. Nicholas since he is an individual who shares with me, and me with him, a deep and unwavering commitment to public safety and also to community building and philanthropy,” Spitzer wrote.

“I have neither seen, nor experienced, any of the types of alleged behavior described by others in court documents or in the recent Vanity Fair salacious expose.”

In a statement for this story, Nicholas expressed his admiration for Spitzer as a passionate advocate for the people of California:

Todd Spitzer has dedicated his life to service. He has done this throughout his career as a police officer, a county supervisor, and as a legislator. However, Todd’s commitment goes far beyond the requirements of his job. Every day he demonstrates his intense personal passion for helping those less fortunate than himself, especially victims of violent crime. I am proud to have had the privilege to work alongside Todd in both of these areas. The people of California and this Nation are better off because of him and people like him.

Spitzer said he performed legal work for Nicholas’ educational foundation, beginning in November 2007, shortly after Nicholas unveiled a plan for his $100 million philanthropic endowment.

Spitzer declined to say how much he earned for the work.

“I was paid by my firm as an employee of that firm,” Spitzer said. He worked for two firms while serving Nicholas: Adorno, Yoss, Alvarado & Smith until September and Reed & Davidson until Nov. 30.

Spitzer stopped lawyering for Nicholas when he joined the District Attorney’s office, which prohibits most outside legal work.

Susan Kang Schroeder, spokeswoman for the DA, said she had no problem with Spitzer’s duties for Nicholas. “As far as we’re concerned it doesn’t appear to be a conflict,” she said.

In March, the Nicholas foundation opened a tutoring center across the street from the Santa Ana federal courthouse, where Nicholas is scheduled to go on trial next year. A second center is in the works at Santa Ana’s Valley High, Spitzer said.

Spitzer’s first affiliation with Nicholas occurred in 2004, when he campaigned against Proposition 66, a measure that would have weakened California’s “Three strikes” law. Nicholas donated $3.3 million to help defeat Prop. 66, letting Spitzer charge expenses on his personal black American Express card.

Spitzer also managed the successful campaign this year for Proposition 9, a ballot measure approved by California voters in November. Prop. 9, “the victims bill of rights,” was dubbed Marsy’s Law, after Nicholas’ sister who was murdered in 1984. Nicholas was Prop. 9’s only major donor, giving $4.85 million, according to Secretary of State records. Spitzer, who gave $100 to Prop. 9, got no money for his campaign work.

“I will continue to work on the implementation of Prop. 9 and at some point may continue to assist Dr. Nicholas in his community philanthropy,” Spitzer wrote. “I do not know at this time if I will be a paid consultant or not going forward for the (Henry T. Nicholas Foundation) or do work for Dr. Nicholas regarding his political or philanthropic involvement.”

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DizzLE says:

December 26, 2008 at 1:44 pm

I can almost promise you that he’ll be as crooked as his previous boss! All top County of Orange officials are crooked! That’s why we’re all losing our jobs!!!

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sofedup says:

December 26, 2008 at 2:15 pm

Non-story. I think my gardner worked for a landscaping company that used to mow Nicholas’s lawn. He will send you an email too if you want a statement from him.

Not Even says:

December 26, 2008 at 2:29 pm

sofedup - thanks for the laugh! Would love to hear his story. Did he mow Spitz’er’s lawn too?

SeriouslyOC says:

December 26, 2008 at 2:30 pm

Oh good. Another “winner” striving to lead the already disasterous Orange County DA’s office into a new era of frivilous filings and ridiculous settlement offers.

CarmaDogma says:

December 26, 2008 at 2:34 pm

I must say I really dislike Mr. Spitzer’s “alarmist” approach and I feel his overall results in office did less good and cost the People more in the long run. I can only hope that through his state service experience he has matured enough to represent the concerns of the People of Orange County as OC’s top crime fighter, and not his own agenda.

With that said, I think this article is an attempt to unfairly dig up dirt on Mr. Spitzer where there is no dirt to be found. There are reasons enough to take a look at alternative candidates for DA before casting your votes for him… fabricating one is not necessary. Please keep this a fair fight.

ocobserver says:

December 26, 2008 at 7:58 pm

I wondered out loud about this strange relationship several times in the past, Mr. Gittelsohn. Especially with the large amount of victim-rights funding changing hands. You seemed to pooh-pooh my alarmist concerns. Now what do you think?

E Faal says:

December 27, 2008 at 10:17 am

Many of the alleged federal crimes Nicholas is accused of…could as readily be prosecuted at the state level. Indeed, unless and until there is an actual verdict at the federal level, the state could even legally prosecute him for the same misconduct simultaneously.

So would that mean Spitzer would not, could not, bring himself to proscute Nicholas then in Orange County?

Frank Courser says:

December 27, 2008 at 4:29 pm

Look at crook standing up for another crook! Spitzer’s first affiliation with Nicholas occurred in 2004, when he campaigned against Proposition 66, a measure that would have weakened California’s “Three strikes” law. Nicholas donated $3.3 million to help defeat Prop. 66, letting Spitzer charge expenses on his personal black American Express card. No wonder our prisons are jammed! You have Todd and Henry to thank! California can not afford either of these crooks!

December 27, 2008 at 4:46 pm

. During that week, I got only a few hours of sleep, and sustained myself by alternating huge quantities of caffeine and ephedrine. I also alternated smaller amounts of coke and crystal (methamphetamine).” SAME GUY THAT THINKS DRUG USERS SHOULD SERVE LIFE SENTECES!

ocpatriot says:

December 28, 2008 at 11:42 am

Spitzer is far from a crook and their is obviously no evidence he was in Kahootz with Nicholas’ misdeeds. It is a tragic assumption to assume all people connected to Nicholas are dirty.

December 29, 2008 at 7:52 am

On the streets people that hang out with thugs are always assumed to be connected. If he let him use his credit card no questions asked says they were very good friends at the very least! Wonder if Todd enjoyed the parties? Spitzer is far from a crook and their is obviously no evidence he was in Kahootz with Nicholas’ misdeeds. It is a tragic assumption to assume all people connected to Nicholas are dirty.????

Emily says:

December 29, 2008 at 10:32 am

Now Spitzer thinks Nicholas is an upstanding citizen; the very kind he is trying to lock away for life, right? I wonder if that is going to have any bearing on Spritzer getting to use Nicholas’ black American Express Card for his next campaign to lock up people like him forever and toss the key into outer space? Nicholas well beyond the type of criminal that Spritzer is trying to tell the rest of us to be scared to death of. Now all of a sudden he isn’t that bad of a guy? Does it feel like double standards for the rich? Absolutely! Let’s stop it all! There are more of us poor working chumps then them stop being afraid and speak up It is OUR State-take it back and let your legislatures know what you want. I would gladly let 2 drug possession convicts that have done 14 years out to make room for both of these conniving crooks. Each person should be looked at according to their circumstances and sentenced accordingly. Prop 66 would have only let non serious non violent, and in most cases crimes without victims out after a reasonable amount of time in prison. Nicholas spent a lot of money to fight against it. He has done worse things then some of the 3X have. Yet he is free? It is wrong! I think Spritzer should be banished from politics for misleading the people that he is supposed to be protecting. How can you trust someone who is literally in the pockets of criminals? Get rid of him.

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