Philip J. Berg
Philip Jay Berg (born April 13, 1944), previously an American attorney, brought a Racketeer Influenced and Corrupt Organizations Act (RICO) lawsuit charging president George W. Bush and 154 others with complicity in the September 11 attacks, and another suit challenging the eligibility of Barack Obama to become President of the United States.
Berg, whose office was in Lafayette Hill, Pennsylvania, is a former chairman of the Democratic Party of Montgomery County, in suburban Philadelphia and a former member of the Democratic State Committee. He is a paid life member of the NAACP.
He is a former deputy attorney general of Pennsylvania.
On June 19, 2013, Berg's license to practice law in the Commonwealth of Pennsylvania was suspended for two years. The Pennsylvania Supreme Court announced on June 16, 2015, that Berg was disbarred on consent after submitting a letter of resignation that the court kept under seal.[1] After being disbarred, he worked as an Uber driver in Philadelphia.[2]
Activism
Berg has involved himself with several controversial political cases. In 2001 he demanded the
Malpractice and ethics violations
Berg was sued for
On June 2, 2005, U.S. District Judge J. Curtis Joyner granted the motion for sanctions, finding that the fraud claim "was inadequately pled, not grounded in fact, time-barred, and utterly irrelevant to the pending malpractice action against him." Observing that an attorney's signature on a complaint constitutes, among other things, a certification that the signer has conducted a reasonable inquiry into the grounds for the claim asserted, the court further found that "even the most limited investigation would have revealed that [Berg] had no standing to raise such a claim." The court also found that Berg's claim was motivated by a "desire to harass" and "delay litigation." The court fined Berg $10,000 and ordered him to attend six hours of ethics training.[6][7]
On June 19, 2013, the Supreme Court of Pennsylvania ordered Berg suspended for two years for neglecting the 2006 federal lawsuit, stating that he filed the lawsuit on the last day for filing and subsequently "did virtually nothing to prosecute his client's claim," resulting in the case being dismissed. Berg then failed to notify his client of the dismissal and "over the next two years . . . mostly ignored his client's requests for updates" while leading her "to believe that her case was still viable." As aggravating factors in supporting the suspension, it was noted that Berg failed to "express adequate remorse" or apologize to the client. Also noted was his extensive disciplinary history, including a private reprimand in 2005 for commingling funds, an informal admonition in 2006 for neglect of a matter that resulted in dismissal of a client's case and a private reprimand and one year probation imposed in 2008 for failing to pursue a workers' compensation matter.[8]
In January 2014, Berg resigned from the bar of the Supreme Court of the United States after it had previously ordered him to explain why he should not be expelled. Berg stated his intention to reapply for membership once the Supreme Court of Pennsylvania restored his law license.[9]
Berg was disbarred on consent from practicing law in Pennsylvania; the state Supreme Court announced on June 16, 2015, that he had submitted a letter of resignation that the court kept under seal. The court said that he had neglected to inform a client that a judge had dismissed her lawsuit. The court said his client went two years without learning of the dismissal.[1]
RICO lawsuit, Rodriguez v. Bush
In October 2004, Berg filed Rodriguez v. Bush, accusing the President of the United States and 155 other parties of complicity in the September 11 attacks.
This 237-page civil lawsuit, and numerous others, totaling 156 defendants in the U.S. District Court for the Eastern District of Pennsylvania.
This lawsuit made hundreds of allegations including allegations that the Twin Towers were destroyed by means of "controlled demolitions;" that members of the
The matter was transferred to the Southern District of New York on May 2, 2005.[12] On June 26, 2006, the court dismissed the claims against the US, DHS, and FEMA, and gave the plaintiff until July 7, 2006, to show cause why his lawsuit should not be dismissed with respect to the other 153 defendants.[13]
The plaintiff failed to do so, and the court dismissed all of the claims against all of the remaining 153 defendants on July 17, 2006.[14]
Lawsuit concerning Barack Obama
Berg filed a complaint in federal district court on August 21, 2008, against Democratic Party presidential nominee Senator
References
- ^ a b Clark, Dan (June 16, 2015). "Montgomery County attorney who held office in Lafayette Hill disbarred". The Times Herald. Retrieved June 16, 2015.
- Philadelphia Magazine.
- ^ "Attorney Phil Berg Demands Disbarment of Justices O'Connor, Scalia, and Thomas". Archive.democrats.com. December 12, 2001. Retrieved December 3, 2010.
- ^ "Rodriguez RICO complaint". 911review.com. Retrieved December 3, 2010.
- ^ "Wake Up, Anti-War People!: Phil Berg". Retrieved December 3, 2010.
- ^ "Holsworth v. Berg, No. 05-1116 (E.D. Pa. June 2, 2005)" (PDF). Retrieved December 3, 2010.
- ^ Duffy, Shannon P. (July 25, 2005). "Lawyer Slapped With $10K in Sanctions for 'Laundry List of Unethical Actions'". Legal Intelligencer. Retrieved November 26, 2008.
- ^ "Court document" (PDF). pacourts.us. Retrieved April 24, 2023.
- Wall Street Journal.
- ^ "Rodriguez v Bush Lawsuit Docs From PACER".
- ^ a b "Rodriguez Complaint from PACER" (PDF). Archived from the original (PDF) on March 25, 2009. Retrieved January 15, 2009.
- ^ "Order Granting Motion to Transfer from PACER" (PDF).
- ^ "Order Dismissing Complaint against USA, DHS, and FEMA" (PDF).
- ^ "Order Dismissing Complaint against Balance of Defendants from PACER" (PDF).
- ^ "Birth certificate" (PDF). archives.gov. Retrieved April 24, 2023.
- ^ a b "Berg v. Obama, No. 08-1256 (E.D. Pa. Oct. 24, 2008) 574 F.Supp.2d 509 at 521, aff'd 586 F.3d 234" (PDF). Archived from the original (PDF) on May 28, 2010. Retrieved December 3, 2010.
- ^ a b "Judge rejects Montco lawyer's bid to have Obama removed from ballot," Philadelphia Daily News, October 25, 2008. Archived October 28, 2008, at the Wayback Machine
- ^ Kevin Amerman, "Supreme Court won't hear Berg's appeal," The Morning Call (Allentown, Pa.), January 16, 2009. Archived February 1, 2009, at the Wayback Machine
- ^ http://origin.www.supremecourt.gov/docket/08-570.htm [permanent dead link]