Are You Garbage Goes to Court! (w/ Defense Attorney Todd Spodek)

Are You Garbage is back with Kippy and Foley for a special episode to go to Court! Todd Spodek, a top NYC defense attorney, helps Are You Garbage prepare for Trial. Its a fun one! Thanks for watching AYG Comedy Podcast. Love youse guys. Come to a live show! AYG & Friends: https://punchup.live/areyougarbage/tickets Live Shows: https://punchup.live/areyougarbage/tickets PATREON: https://www.patreon.com/AreYouGarbage MERCH: https://areyougarbage.com/ True Classic: https://www.trueclassic.com/garbage Sheath: https://www.sheathunderwear.com/ Promo Code: Garbage Aura Frames: https://auraframes.com Promo Code: garbage Liquid IV: https://www.liquid-iv.com Promo Code: Garbage Comedians H. Foley and Kevin Ryan are self proclaimed GARBAGE. Each week a new stand up comedian gets put to the test. Steal shampoo from hotels? Own a George Foreman Grill? Ever worn JNCO Jeans? Learn more about your ad choices. Visit megaphone.fm/adchoices

Speaker names marked ? are inferred from speaking time and the show’s known hosts — they are not voice-verified.

• 0:00Speaker 00

  Welcome to another exciting edition of Are You Garbage? The show where you find out if your favorite comedians are classy individuals or absolute trash. Now, here are your hosts, Kevin Ryan and H. Foley.

• 0:19H. Foley?

  Hey, everybody out there, and welcome back to everybody's favorite podcast. This is Are You Garbage?

• 0:25Speaker 02

  Oh, yeah.

• 0:25H. Foley?

  It's that little show we sit there with your favorite comedians and we find that have to go to be classy.

• 0:29Speaker 02

  Yeah.

• 0:30H. Foley?

  Or they're just a big old piece of trash.

• 0:31Speaker 02

  Objection.

• 0:32H. Foley?

  I'm your host, H. Foley, coming at you on a beautiful day. We're out back here at Tootie's in the new addition. She is in central booking right now.

• 0:39Speaker 02

  I've heard.

• 0:40H. Foley?

  Tootie's jammed up legally, and we were thinking it'd be a good idea to get some legal expertise in here.

• 0:46Speaker 02

  Yes.

• 0:47H. Foley?

  And we're gonna figure it out. We're not naming the charges right now.

• 0:49Speaker 02

  Sure.

• 0:50H. Foley?

  We're not going public with anything.

• 0:51Speaker 02

  I heard Rico.

• 0:52H. Foley?

  My co-host is coming at you from right next to me, not affiliated with the H. Foley Corporation. He is the CEO of Are You Garbage. He is an international businessman and my best pal in the whole wide world. And as I say, he's the guys that make all the decisions. I'm just a patsy in this whole thing. Give it up for KJ, Kevin James Ryan, everybody.

• 1:08Speaker 02

  What up, gang? Thanks for tuning in. As always, please make sure you review, subscribe on iTunes. Full video available on YouTube and obviously the greatest website of all time, www.patreon.com/areyougarbage. You go over there, you get all your bonus content, gang.

• 1:20H. Foley?

  Yes, sir. And gang, like I said, very special episode today. Very special guest here with us today for the first time. He is one of the premier criminal defense attorneys in these here United States. He is the owner-operator of the Spodak Law Group. Give it up for Mr. Todd Spodak, Esquire.

• 1:37Speaker 03

  Thank you very much.

• 1:38H. Foley?

  You're an Esquire, right?

• 1:39Speaker 03

  I'm an Esquire.

• 1:40H. Foley?

  Nice.

• 1:40Speaker 02

  Great.

• 1:41H. Foley?

  Do you let people know that you're a lawyer in situations?

• 1:44Speaker 03

  No.

• 1:44H. Foley?

  You know that, like?

• 1:45Speaker 03

  I try to keep it, I try to keep it mellow. I'm not that kind of lawyer who's going out there being like, guess what I do?

• 1:50H. Foley?

  Sure.

• 1:51Speaker 02

  I will show up on a podcast.

• 1:52Speaker 03

  But I will show up on a podcast and I will tell people that I have the best dinner stories, okay? You're not gonna beat me around the table.

• 1:58H. Foley?

  Of course, yeah.

• 1:59Speaker 02

  Of course.

• 2:00H. Foley?

  Some guy talking about their kid's recital or something like that. You got a triple homicide going.

• 2:04Speaker 03

  Exactly. So it's exciting.

• 2:05H. Foley?

  So like if there's a situation in a restaurant or something like that, and like, you know, the- You're sending back the steak, they're giving you shit, you don't say, "Hey, I'm a lawyer."

• 2:13Speaker 03

  No, no, I would never say that.

• 2:14Speaker 02

  I'll have the inspector in here in 10 minutes.

• 2:16Speaker 03

  Yeah, definitely not.

• 2:17Speaker 02

  Okay.

• 2:17H. Foley?

  Give us, uh, give us your light, uh, professional backstory, so we know what we're dealing with here.

• 2:23Speaker 03

  Sure.

• 2:23Speaker 02

  Some of your credentials.

• 2:24H. Foley?

  Yeah, how'd you get into law? Where'd you go to law school?

• 2:26Speaker 03

  So, I, I was born and raised in Brooklyn.

• 2:28Speaker 02

  Okay.

• 2:29Speaker 03

  Uh, my law firm's based in downtown Manhattan.

• 2:31H. Foley?

  Okay.

• 2:32Speaker 03

  My father was a lawyer.

• 2:33H. Foley?

  Okay.

• 2:34Speaker 03

  Okay, I've been in the game for a long time. I grew up around a lot of criminals, so this is not new to me, okay?

• 2:39Speaker 02

  Welcome to the show.

• 2:40Speaker 03

  I know this world, I know where-

• 2:41H. Foley?

  Alleged criminal.

• 2:42Speaker 02

  Alleged, yeah.

• 2:43Speaker 03

  And, uh, I went to Pace Law School in White Plains, which is the Harvard of the East Coast, everyone knows that.

• 2:48Speaker 02

  Man, he's got the gas.

• 2:50Speaker 03

  And-

• 2:51Speaker 02

  Good.

• 2:51Speaker 03

  And, and now I'm in the game, and now we do state and federal criminal defense throughout the United States. A lot of white collar cases, a lot of really, uh, egregious criminal acts, and, uh, you know, this is what we do. This is the life we live, and we love it.

• 3:04H. Foley?

  Did you, did you, when you got out, did you work for another-

• 3:07Speaker 02

  This guy's good already, dude, I like him.

• 3:09H. Foley?

  I'm feeling good about our chances here. I'm walking scot-free, coppers, um, did you work for another law firm? Or did you, did you go work for your dad's, uh-

• 3:19Speaker 03

  So I came out of law school and I went straight to trial work, and I started working with my dad and doing trial work throughout New York City.

• 3:25H. Foley?

  Did they give you cases right away, or are you like getting coffees and shit like that at first?

• 3:29Speaker 03

  Uh, I hit the ground running, obviously it takes some time to get familiar. But if you're a trial lawyer, you're a trial lawyer, and you're comfortable in front of a jury, and in a courtroom, or in a tutty's, you know, you need to know the vibe.

• 3:39H. Foley?

  Sure.

• 3:39Speaker 03

  You know, so, i- i- there's a little bit of balance of both of those things.

• 3:43H. Foley?

  What was your first case?

• 3:45Speaker 03

  My first, first case was a juvenile who was jumped in Brooklyn, where I'm from.

• 3:49Speaker 02

  Uh-huh.

• 3:50Speaker 03

  And it was a self-defense case, a justification case.

• 3:52H. Foley?

  He kicked somebody's ass?

• 3:53Speaker 03

  She.

• 3:54Speaker 02

  She?

• 3:55Speaker 03

  Yeah.

• 3:55Speaker 02

  That's a tough broad.

• 3:56Speaker 03

  Yeah.

• 3:57Speaker 02

  Okay.

• 3:58Speaker 03

  And I represented her trial, and we raised, uh, justification, which is self-defense, and we prevailed. And it was fucking awesome, you know, you feel like a rock star, and you really do help someone at the end of the day.

• 4:08Speaker 02

  Yeah, you're getting out.

• 4:09Speaker 03

  And that's the rare case where you have someone who actually was in the right.

• 4:12H. Foley?

  So she got off?

• 4:13Speaker 03

  She got off.

• 4:14Speaker 02

  How many people were jumping her?

• 4:16Speaker 03

  Uh, five people jumped.

• 4:17Speaker 02

  She and she, she won the fight essentially.

• 4:20Speaker 03

  Yeah, no, yeah.

• 4:20H. Foley?

  Get the fuck out of here.

• 4:21Speaker 03

  Yeah, I mean, this was, uh, this was a bunch of kids fighting, so it wasn't exactly Jake and Mike Tyson.

• 4:27Speaker 02

  Gotcha, which was a great fight, by the way.

• 4:30Speaker 03

  You know, it was a little bit of a different vibe, but yeah, she got off and it was, look, I don't want to sound cheesy and be like, wow, I did good, blah, blah, blah, but it felt good to actually fight.

• 4:39Speaker 02

  You, yeah, you positively affected of that girl, the rest of that girl's life.

• 4:43H. Foley?

  She got brought up on charges, you got her off the charges. What were the charges they were hitting her with?

• 4:47Speaker 03

  Uh, so they were assault with a deadly weapon, they were, uh.

• 4:50H. Foley?

  What was the deadly weapon?

• 4:51Speaker 03

  So she wound up.

• 4:52H. Foley?

  These hands, baby.

• 4:53Speaker 03

  Uh, no, she wound up taking out an umbrella, like a, a long umbrella and started to just knock people.

• 4:59H. Foley?

  Are we talking about an umbrella you get at the bodegas, the shitty ones, or like a golf umbrella?

• 5:03Speaker 03

  We're talking about a full-fledged, like legit reinforced umbrella, okay?

• 5:07Speaker 02

  Those things are expensive.

• 5:08Speaker 03

  Like, we're talking about the Penguin from fucking Batman.

• 5:11Speaker 02

  But that's like, this is how like my stupid law brain, like I've, a lot of my, I've luckily been unscathed with the legal system.

• 5:19Speaker 03

  I find that hard to believe.

• 5:20Speaker 02

  I know, but a lot of my friends have, you know, faced charges over, you know, some of them served, some of them served some time. I knew when to toe the line and get the fuck out of there before she hit the fan. But that's one of those things, I'm like, in my head immediately go, you got jumped by five people, you grabbed an umbrella, you had to do what you, to me that's kind of, you know.

• 5:38Speaker 03

  Exactly.

• 5:38Speaker 02

  But like, I, I guess it makes sense that they're like, no, that she started attacking us or whatever.

• 5:42H. Foley?

  Did they go after the other people then, or was it just that's it?

• 5:45Speaker 03

  No, so, so my client was ultimately charged because one of them was somewhat disfigured. She hit someone in the face with the umbrella and it cut his skin. But the trick is, you gotta be relatable. If you're gonna testify at a trial, you gotta relate to the jury, they gotta respect your story, they gotta believe that you're being honest, and you gotta take the good and the bad. You can't be an angel, nobody's an angel, right?

• 6:06Speaker 02

  You can't be too polished, because they're like.

• 6:07Speaker 03

  You gotta come across real and you gotta be able to connect with people on a real way. People in New York City, especially minors, people go to high school, junior high, they've been in fights, they've been in assaults, they've been jumped, they know what that experience is like.

• 6:19H. Foley?

  And when you're picking that jury, you think about that stuff, and a lot, a lot of this is psychology.

• 6:24Speaker 03

  Absolutely. If the jury doesn't like me as the defense lawyer, they're certainly not liking my client.

• 6:29Speaker 02

  Oh, so that's what you do? If someone gets, you feel the bad vibes, you're like, let's bounce this fucking guy.

• 6:33Speaker 03

  Yeah, absolutely.

• 6:34H. Foley?

  And so when you win that first case, what's the celebration like? Is it like in Goodfellas when you walk out like, "Hey!"

• 6:40Speaker 03

  Yeah, not exactly. This was more like chopped cheese and like a soda.

• 6:43H. Foley?

  Chopped cheese and a soda?

• 6:45Speaker 02

  It's not bad.

• 6:46Speaker 03

  You know, this was a long time ago, uh, but it was celebratory no matter what. And I've had a number of homicides that I've won that I've had legit celebrations and I've gone traveling with clients and things like that.

• 6:56H. Foley?

  Oh shit, you go out with them afterwards?

• 6:58Speaker 03

  Yeah, of course. What do you mean?

• 6:58H. Foley?

  Oh, that's fucking awesome. Let's take this down the sandals for a couple of days.

• 7:02Speaker 02

  I know who my one phone call's going to. Apits fucking PS.

• 7:06H. Foley?

  And is that one phone call?

• 7:07Speaker 02

  Is that true? You get one phone call?

• 7:09Speaker 03

  It's not, it's not really true. The, the most important thing is you want to invoke your right to counsel, right? If you're jammed up.

• 7:15H. Foley?

  Don't say shit.

• 7:16Speaker 02

  He even used "jammed up." I respect that. So that's, we sell shirts that say "jammed up." But, alright, let's just say, boom, we get in a bar fight or something, you get, you, you end up in the back of a cop car. What, what is the, what is the series of events that you should do as a, as a defendant?

• 7:32Speaker 03

  Yeah.

• 7:32H. Foley?

  When we're done crying, what do we say?

• 7:35Speaker 03

  So the immediate thing is to let the authorities, whether it be state, local, federal, law enforcement, whoever it is.

• 7:41H. Foley?

  Federal, what the fuck? Jesus Christ, you got the fucking alphabet boys coming in?

• 7:46Speaker 03

  But you gotta let them know that, that you're invoking your right to counsel. You have a lawyer and once you do that, that at least puts a buffer from you.

• 7:53Speaker 02

  They gotta stop talking. They gotta stop asking you questions, right?

• 7:56Speaker 03

  They gotta stop asking you questions and the, the real problem is when people are excited and they're overwhelmed and drunk and high and jammed up, they talk.

• 8:03Speaker 02

  Oh, you know me.

• 8:03H. Foley?

  Yes, yes, and yes.

• 8:05Speaker 03

  And a lot of times they'll say something that is a problem even though they don't think it. So for example, they may commit that they were at the scene or they may connect themselves to someone else.

• 8:14Speaker 02

  I was walking by, I said hello, and it's like, now you're there.

• 8:17Speaker 03

  Exactly. It's much better for you to be like, you know what? Call my lawyer. I'm done.

• 8:20H. Foley?

  I'm not here right now.

• 8:22Speaker 03

  You didn't see me, I didn't see you, you don't know me.

• 8:24Speaker 02

  I always, I watch a lot of First 48 and they never get a lawyer. And they always end up doing time. They never go.

• 8:31Speaker 03

  But that's why there's a story about them, right?

• 8:33Speaker 02

  Exactly.

• 8:34H. Foley?

  Say to you, if you just come clean now, or whatever.

• 8:37Speaker 02

  Or just.

• 8:38H. Foley?

  You want, that's, they're all not entrapment by any stretch of the imagination. Shout out to the, to the law enforcement.

• 8:43Speaker 03

  Of course.

• 8:43H. Foley?

  Shout out to law enforcement.

• 8:44Speaker 02

  You just threw entrapment like you really know what that means.

• 8:46Speaker 03

  No, I think, I think.

• 8:48Speaker 02

  I've seen the movie.

• 8:48Speaker 03

  There are instances where the police say, look, cooperate with us and we will present your case to the prosecutor and to the judge for leniency.

• 8:55Speaker 02

  In a better light, yeah.

• 8:56Speaker 03

  And there are cases where that does work.

• 8:59Speaker 02

  Mm-hmm.

• 8:59Speaker 03

  But that should be done pursuant to some sort of proffer agreement, or immunity, or cooperation deal. Not just you coked up at a fucking nightclub being like, oh, cool, I'll work it out with the police now.

• 9:09Speaker 02

  Sure, sure, sure.

• 9:10H. Foley?

  You say coked up at a nightclub?

• 9:12Speaker 03

  Yeah, I mean, that's when these things happen. Yeah, that's when these things happen. I know your audience, come on.

• 9:18Speaker 02

  There's a bunch of guys listening coked up at a nightclub right now.

• 9:20Speaker 03

  He knows me.

• 9:21Speaker 02

  He's looking, they're like, fuck, they're all over us.

• 9:23H. Foley?

  This guy's been following me. I don't like that. All right. What's, and you were mentioned before, you, you had a, you had a huge case recently.

• 9:31Speaker 03

  So I did represent Anna Delvey, the German heiress, and they did make a Netflix show about it.

• 9:37H. Foley?

  I've seen the movie.

• 9:38Speaker 03

  Okay, so, um.

• 9:39H. Foley?

  Damn, you were her lawyer?

• 9:41Speaker 03

  Yes, I was her trial lawyer. I represented her and I was a character in the show.

• 9:45Speaker 02

  I loved it. Me and my wife loved that fucking show.

• 9:47H. Foley?

  Who played you? Did they screw you?

• 9:49Speaker 03

  No, it's, it's the gentleman from Succession, Ariane Moyet. I may be pronouncing the name wrong.

• 9:54H. Foley?

  Get out of here.

• 9:55Speaker 03

  But Stewie from Succession. Look it up.

• 9:57H. Foley?

  Let's see this.

• 9:58Speaker 02

  Oh, right. That's you. Holy shit. Damn. That's a good looking, that's a good, that's a good version of it.

• 10:05Speaker 03

  I'm happy that it's getting back up now. This is how we're doing it.

• 10:08H. Foley?

  I fucking love it. Did he reach out to you for like?

• 10:10Speaker 03

  Yeah, so he was great. I spent time with him. I went to set, I met him, and his name is Todd Spodek in the show, so it's.

• 10:17Speaker 02

  I gotta go rewatch that now. I fucking love that.

• 10:19Speaker 03

  Yeah, yeah, it was a great show and he was great and he did a great job and they recreated the whole set, the courtroom, the fucking pens, the scratches in the table, everything.

• 10:27H. Foley?

  And did you, refresh my memory, did she get off or no?

• 10:31Speaker 03

  Uh, so it was a mixed verdict. She won some of the charges, which was.

• 10:33H. Foley?

  I like that answer.

• 10:34Speaker 03

  Quite remarkable to begin with.

• 10:36Speaker 02

  Yeah, she was, she was, she, her hands were dirty.

• 10:38Speaker 03

  Yeah, she was, that's her rights and then she went down.

• 10:41H. Foley?

  She was scamming people, saying that she was a, a German heiress.

• 10:43Speaker 03

  Exactly.

• 10:44H. Foley?

  And didn't have any money.

• 10:45Speaker 03

  Yeah, you should join the defense team. I mean, you got it right there.

• 10:48H. Foley?

  Your honor!

• 10:48Speaker 02

  I call a lunch break.

• 10:51Speaker 02

  Okay, wow, okay.

• 10:52Speaker 03

  So, so that case, that case, you know, generated a lot of publicity and attention and things like that.

• 10:57Speaker 02

  And how long's that case run yet? Cause that's like the thing, like I watch a lot of, I watch, I love the Law and Orders, I love the fucking First Forty Eights. They condensed it, it seems like four days, but isn't it, it's stretched out over like months or years?

• 11:10Speaker 03

  So the cases that I have, uh, I represent a lot of people for financial crimes, so they're long-term investigations, they're paper-heavy cases.

• 11:17Speaker 02

  So this is like, they've got, or they are charged with?

• 11:21Speaker 03

  Yeah, so either the-

• 11:22Speaker 02

  Skimming the books of something.

• 11:24Speaker 03

  Exactly, either the state or, or the states will be doing a long-term investigation, could be wire fraud, money laundering scams, crypto scams are obviously very prevalent now.

• 11:33Speaker 02

  Yeah, the Bitcoin.

• 11:35Speaker 03

  So these cases take a long time to go to trial, no matter what, and even when you're at trial, it could be three months of trial. And that trial was, I think, four to six weeks or something like that.

• 11:43H. Foley?

  And she didn't have any cash, so is that something you do pro bono for the publicity?

• 11:47Speaker 03

  Uh, no, so, so she wound up coming up with cash and then, uh, a deal was worked out with Netflix as well.

• 11:52Speaker 02

  No shit.

• 11:54H. Foley?

  Wait, hold on, wait, Netflix paid some of your salary?

• 11:56Speaker 03

  Yeah, Netflix was involved and, uh, it all worked out.

• 11:59H. Foley?

  Get the fuck out of here!

• 12:00Speaker 02

  Gotta love showbiz, baby.

• 12:01Speaker 03

  You can't hustle a hustler, man, come on, you know that.

• 12:03H. Foley?

  He gets his SAG card.

• 12:04Speaker 02

  I want points on the backend.

• 12:06H. Foley?

  Get the fuck out of here!

• 12:08Speaker 02

  Look at you, dude, that's sick.

• 12:10H. Foley?

  So, can I ask you, what do you walk away with something like that?

• 12:13Speaker 03

  Uh, fee-wise or what? Oh, the fees vary depending on the case, but, look, it's a substantial amount of time, you're looking at-

• 12:19H. Foley?

  Of course.

• 12:20Speaker 03

  Thousand-plus dollars to dedicate any lawyer's time for that long.

• 12:24Speaker 02

  Hundreds of hours, thousands of hours.

• 12:26Speaker 03

  There are cases that go, you know, hundreds of thousands of dollars, I travel a lot for work, so a lot of times I have to go and stay somewhere else, be away from my kids.

• 12:32Speaker 02

  Sure, now where else do you, where else have you taken the bar, you're just New York?

• 12:35Speaker 03

  So, I'm only licensed in New York, but I get pro-hoc, meaning I get permission from the federal courts to practice in a federal court in other jurisdictions, so I have cases in Texas, California, Las Vegas.

• 12:46H. Foley?

  Was that a federal trial?

• 12:47Speaker 03

  That was a state trial.

• 12:48H. Foley?

  That was a state trial, okay, Southern District?

• 12:51Speaker 03

  Uh, Southern District's federal.

• 12:52H. Foley?

  Those guys don't mess around, did they?

• 12:54Speaker 03

  Yeah, Southern District's, um, serious, you know, it's a premier US Attorney's Office, a lot of people there, a lot of resources.

• 13:01H. Foley?

  Okay, damn, alright, damn, alright, this guy's got, you're hired, I tell you right now.

• 13:06Speaker 02

  I literally am calling you.

• 13:07Speaker 03

  I'll set up a little office back there with the Miller High Life and we're good.

• 13:10H. Foley?

  Okay, um, I got a off the wall question here.

• 13:14Speaker 03

  Yeah, go ahead.

• 13:15H. Foley?

  Do you think you would have gotten the kids from my cousin Vinny off?

• 13:18Speaker 03

  That's a great movie. Okay, I love that. Um, I don't think I could do as good of a job as Joe Pesci did, okay? So, every head must bow and respect it.

• 13:29Speaker 02

  How do you like your grits? Um, okay, what, and like, what is one glaring thing that you watch? Cause like, we'll watch a comedy movie about stand-up and you're like, ah, they missed it. What do you see when you watch anything on TV that you're like, that is, that's Hollywood?

• 13:43Speaker 03

  I think the most important thing really is you gotta be relatable. And your client has to be relatable. The story has to be relatable. So if you're selling a story, whether it's a murder, a crypto fraud, a rape case, whatever it is, you gotta have, you gotta have a story that makes sense. The story has to work and it has to make sense. And a layperson has to hear it and say, you know what, I could understand how this happened. I understand how this transpired. You can't, you can't pretend that nothing happened, right? You, you gotta be able to focus and say, whatever I did may have been wrong, but it wasn't criminal. Or it didn't rise to that level. Or that, you know, it has to be specific. But you have, you got 12 people analyzing the situation. And you gotta convince 12 of them to go all the same way.

• 14:28H. Foley?

  Are you a guy that likes to get to the jury? Or do you, do you?

• 14:32Speaker 02

  You try to play it down, get a deal done.

• 14:33H. Foley?

  Yeah, or do you?

• 14:34Speaker 03

  Look, we...

• 14:35Speaker 02

  And who, how much pressure do you put on the client for that?

• 14:38Speaker 03

  All good questions. So, the vast majority of cases on the state level and federal level settle. That's the reality.

• 14:44Speaker 02

  They just don't go to trial.

• 14:45Speaker 03

  Statistic wise, straight to the states, no matter what. On the federal side, it's like 95% above, you're gonna settle your case.

• 14:52Speaker 02

  It's so expensive to go to trial, isn't it?

• 14:53Speaker 03

  It's so expensive, long-term investigations, your exposure is through the roof. You wanna...

• 14:58H. Foley?

  What's that mean, your exposures through the roof?

• 14:59Speaker 03

  Your exposure to federal prison, long-term, like...

• 15:02Speaker 02

  Yeah, you're like, hey, it's like, I could do 50 years, or we'll give you 10.

• 15:06H. Foley?

  If you roll the dice.

• 15:07Speaker 03

  Well, like, let me give you a quick example. So, in the federal system, there's...

• 15:11H. Foley?

  I'm flipping. I don't, this is all dumb matter, I'm flipping.

• 15:14Speaker 03

  There's something called acceptance of responsibility points. If you accept responsibility early, you get three-point reduction. That three-point reduction correlates to months in prison. So the system incentivizes you to resolve your case early. So if you're charged by the feds, your exposure to federal prison, which is real federal prison, for a long time goes up as things keep going.

• 15:37Speaker 02

  Man, this guy can talk. I am you, I am on the edge of my seat every time you talk.

• 15:42Speaker 03

  Right, so to your second question being like, how do you deal with clients like that? I don't ever make the decision, okay? But the reality is, you have to protect your clients. And sometimes you have to be like, look, there's no fucking way you're making out of this trial. And if you want to go to trial, I will do that. But it's really against my advice and you're not gonna win.

• 16:02Speaker 02

  Have you had that where they're like?

• 16:03Speaker 03

  All the time.

• 16:05Speaker 02

  And is it, do you think it's out of like pure innocent? Are they like, I'm genuine? Have you had somebody where you're like, hey, this is a good deal?

• 16:12Speaker 03

  Every day, today, this morning. What happens is, there's different concepts, right? There's the individual who committed an act and is like, I did not commit a crime. And then there's the law, right? Like they're two separate concepts. So someone could think in their head that they're not guilty because of whatever reason. But the law is elemental, meaning it has elements that have to be met. And if you meet those elements, you're guilty of the crime. And so, a lot of times people don't realize that and it's hard for them to register that.

• 16:42Speaker 02

  Sure.

• 16:43Speaker 03

  And particularly when it's...

• 16:45Speaker 02

  This is freaking me the fuck out, man.

• 16:47Speaker 03

  No, but like, think of it in the context of money laundering. We have a lot of cases where someone's...

• 16:51Speaker 02

  Why you bring that up? I'm in charge of the books over here, by the way.

• 16:54Speaker 03

  And someone will have millions of dollars funnel through their account for a friend, right? And they don't know every aspect of what they did. But there's enough, in conjunction with the vast amount of money and text messages and documents to support, that they had some knowledge that their account was being used to launder money. Are they factually guilty? Like, did they create a scam and hide the money and do it all? No, but legally, they're guilty. And that's a hard distinction for people to make.

• 17:22H. Foley?

  Gang, let's talk about true classics.

• 17:24Speaker 02

  Ooh, the truest classics in the whole wide world.

• 17:26H. Foley?

  The best t-shirts in the business. They got everything over there. They got the activewear. Really dialing it in. Gang, the best t-shirt you're ever gonna put on, and you know I'm talking to out there? Talking to the big boys.

• 17:37Speaker 02

  The chubbies.

• 17:38H. Foley?

  We're talking about these things fit like a glove. You've heard me talk about them. I love them. I got the four X's. They fit great. The fucking pipes, the fucking belly's not popping out. Absolutely fantastic. If you want the best t-shirt you ever put on, go to True Classics and get yourself straightened the fuck out.

• 17:55Speaker 02

  Yeah, I've bought about 30 of these and like, listen, there's other brands out there trying to do this and they ain't doing it.

• 18:01H. Foley?

  This, this is a bad one. This is fucking jerk off.

• 18:04Speaker 02

  I've fallen fucking, I've fallen trapped to buying these other one. They ain't the same.

• 18:10H. Foley?

  No.

• 18:10Speaker 02

  You buy them, they don't wash right. They don't fit right. They come out the size of a sock. It ain't gonna work. You know what I mean?

• 18:15H. Foley?

  True Classic has that, uh, they got, they got that situation where they get better when you wash them.

• 18:21Speaker 02

  Uh, the holidays are here and True Classics ultra comfortable, perfect fitting essentials. Make the perfect gift for the men in your life, ladies or guys, buy yourself a fricking gift. So if you're able to upgrade, if you're ready to upgrade your closet, shop now and unlock big savings during their huge holiday sale. Just go to the exclusive link, trueclassic.com/garbage to save. That's trueclassic.com/garbage. Please support our show and tell them we sent you. End of the year with, end of the year with holiday cheer. Thanks to True Classics.

• 18:48H. Foley?

  Ho, ho, ho. Kip, we gotta talk about Sheath.

• 18:50Speaker 02

  Shout out to Sheath gang.

• 18:51H. Foley?

  Gang, if you're looking for the ultimate upgrade to your everyday comfort, say hello to our longtime sponsor, Sheath underwear.

• 18:58Speaker 02

  Yeah.

• 18:59H. Foley?

  My favorite underwear, his favorite underwear, the broad's favorite underwear. You know why? Cause they separate the twig from the berries. Gives you a little bit of extra show.

• 19:09Speaker 02

  You ain't lying. Check this out. I got them on right now.

• 19:13H. Foley?

  Those were white when you put them on.

• 19:14Speaker 02

  Dude, I gotta tell you, this pair of underwear, this is, this is, they are about four and a half years old.

• 19:20H. Foley?

  Camo's.

• 19:20Speaker 02

  This is the first pair of Sheath I ever got and I'm still rocking them.

• 19:24H. Foley?

  Still rocking them.

• 19:25Speaker 02

  I've worn these things for weeks at a time, not washed, washed these things, been washed 500 times. They still fit and feel better than fricking ever. That's not a personal endorsement. I don't know what to tell you.

• 19:36H. Foley?

  I hear you.

• 19:36Speaker 02

  These things, and listen, I put a lot of pressure on these bad boys. Not in the front, but in the back, they get a lot of wear.

• 19:43H. Foley?

  Plenty of room up there.

• 19:44Speaker 02

  Uh, so elevate your comfort today. Go to sheath.com. Get the most comfortable underwear you'll ever gonna wear. If you use our promo code garbage, you'll also get 20% off your order. That's sheath.com promo code garbage. They've been an OG podcast sponsor. Support this pod, support the brands that support the pod for 20% off your order. Sheath.com, the underwear of legends, promo code garbage. Do it.

• 20:04H. Foley?

  What does that mean exactly? Launder money?

• 20:07Speaker 02

  Launder. Next question, please.

• 20:09Speaker 03

  Laundering money is basically taking criminal proceeds and disguising the true nature of it. So, for example, a drug dealer selling drugs and taking that money and investing it, I don't know, in a podcast.

• 20:21Speaker 02

  What the fuck?

• 20:24H. Foley?

  This guy's working for the feds.

• 20:25Speaker 03

  I'm just giving you an example.

• 20:26Speaker 02

  Are you wearing a wire?

• 20:27Speaker 03

  I'm just giving you an example.

• 20:31H. Foley?

  Okay, alright, I got you. So somebody.

• 20:33Speaker 03

  Now it makes sense.

• 20:34H. Foley?

  So somebody, so somebody, I start playing stupid.

• 20:39Speaker 02

  What are drugs?

• 20:40H. Foley?

  So somebody, so somebody could accidentally kind of be involved in something like that. Like if their buddies like, hey.

• 20:49Speaker 02

  Or the wife or something. They play, they just, I didn't know what was happening. It's like, you fucking know, lady.

• 20:54Speaker 03

  Yeah, all the time.

• 20:54Speaker 02

  Carmella knew. She played dumb, but she knew.

• 20:56Speaker 03

  You could do things a one-off and you're likely not exposed. But if you do something on a regular basis. So if someone uses your account one time and then you find out and you're like, what the fuck? You're not allowed to use my account. That's different. If you acquiesce and let someone use your account and wind up taking a commission and the texts are like, hey, this is great. Let's keep doing it. No, you can't then get out of it.

• 21:14Speaker 02

  Now, how do, who gets, how do they get the texts? Do they just turn those over? Like, how hard is it for the government to get your texts?

• 21:21Speaker 03

  Oh, it's incredibly easy. Everything, everything is, first of all, every criminal thinks they're super stealth and they're like, hey, my messages disappear on WhatsApp. And like, this is not the reality because someone screenshots, people cooperate.

• 21:34Speaker 02

  They're existing out there somewhere.

• 21:36Speaker 03

  And, and if you are a smart criminal, you're not using a cell phone. Point blank.

• 21:40Speaker 02

  Really?

• 21:41Speaker 03

  If you're, if you're a real criminal, you're not using a cell phone. So as soon as you see a criminal with a cell phone, you know, this is not stellar. This is not the Ivy League of. Criminals.

• 21:50H. Foley?

  Gotcha.

• 21:51Speaker 02

  So what do they do, like, you know, just say a, a, a high-

• 21:53H. Foley?

  He used the payphone outside of the pizzeria and you have him call you back.

• 21:56Speaker 02

  Is it just all mouth to mouth?

• 21:56Speaker 03

  I could only tell you what I see.

• 21:58Speaker 02

  Sure, yeah, yeah, of course.

• 21:58Speaker 03

  What I've seen is people who are very savvy, they meet in person, they make sure nobody's wearing a wire.

• 22:04Speaker 02

  Talk to a couple people, that's it.

• 22:06Speaker 03

  You're having one conversation with one person and the recipient of that conversation is 10 people away. So whoever receives the message can never point it back to you.

• 22:15Speaker 02

  Damn.

• 22:16Speaker 03

  Right, like, think of cartels, right?

• 22:17Speaker 02

  Sure, yeah, yeah, yeah, yeah, yeah.

• 22:18Speaker 03

  You know, cartels are not hanging out with fucking Pepe on 23rd Street being like, here's the drugs. There's 50 layers between these people.

• 22:24Speaker 02

  Sure, sure.

• 22:25H. Foley?

  I gotta get some distance between you two bozos. From now on, everybody only talks to me through Tommy Cassin.

• 22:33Speaker 02

  Okay, what's the one, uh, Luke, you might know that all of my friends, it's like, it's just, it's the app that all drugged. It's a texting app for drug dealers.

• 22:42Speaker 04

  There's like Whisper, there's-

• 22:44Speaker 03

  Yeah, so there's, there's hundreds of these apps.

• 22:46Speaker 02

  And do they, are they pretty bulletproof or no?

• 22:49Speaker 03

  Well, Telegram has a number of problems, but the, the best apps-

• 22:53H. Foley?

  This is good.

• 22:53Speaker 03

  The best apps are the ones that the sender controls. So, for example, there are various messaging apps, I feel like I'm gonna get myself jammed up. But there are various messaging apps where I could send a message and then I could delete the message on your phone.

• 23:07H. Foley?

  Ooh, that's pretty good.

• 23:08Speaker 03

  Yeah.

• 23:08Speaker 02

  That's not bad.

• 23:09Speaker 03

  But so the real trick, if you're not looking to have any of your information public, is not talk about things that you wouldn't want someone to see. Not have anything connected to you. Remember, cell site records alone pinpoint your location.

• 23:22Speaker 02

  Yeah, does that, is that used a lot? Like, where they triangulate the thing and you're there?

• 23:26Speaker 03

  Every day.

• 23:27Speaker 02

  Really?

• 23:28Speaker 03

  That's what I'm saying, no real criminal has cell phones.

• 23:31Speaker 02

  Damn, dude.

• 23:32Speaker 03

  You know what I mean?

• 23:32Speaker 02

  We're fucking up over here.

• 23:34H. Foley?

  Yeah, pretty good.

• 23:34Speaker 03

  Yeah.

• 23:35Speaker 02

  Uh, okay.

• 23:36H. Foley?

  Cell phones and all that stuff has made, have made it easier.

• 23:39Speaker 03

  Yeah, first of all, everything is documented. You purchase something, it shows where you are, you use the train, it shows where you are, it triangulates everything. The messages are stored on the cloud. You could connect people from a, a conspiracy by pictures on Instagram and communications, it's just so much.

• 23:55Speaker 02

  But does that also make it easier to then get off, cause that informa- or that information is there of like, he couldn't have done it, he was over here?

• 24:01Speaker 03

  Yeah, absolutely, it works both ways, if you're fucking innocent.

• 24:04Speaker 02

  If you're in-

• 24:06Speaker 03

  Yeah.

• 24:07H. Foley?

  Which we are.

• 24:07Speaker 02

  Which we are.

• 24:08Speaker 03

  Those folks usually-

• 24:09Speaker 02

  Innocent until proven guilty. I thought this was America.

• 24:11Speaker 03

  You know, those folks are-

• 24:12H. Foley?

  Take a nice big glass of water on that note.

• 24:14Speaker 03

  Are few and-

• 24:15Speaker 02

  Of course.

• 24:15Speaker 03

  Far between unfortunately in my line of work.

• 24:18Speaker 02

  Of course. Have you had anybody that you were like, "This person is for sure dead innocent"?

• 24:23Speaker 03

  I've had a few cases that tend to be where a divorce happens.

• 24:28Speaker 02

  Gotcha.

• 24:28Speaker 03

  And someone alleges rape or physical abuse and you could just tell that it's motivated by spite. And when you do a deep dive, you could see that person wasn't there in any way, shape or form. Self-sacrifice, put them somewhere else. There's an alibi, there's texts regarding an evening of sex, things like that. So, that's when I've seen it. Um, other than that, no. Most people are involved to some degree.

• 24:51Speaker 02

  In some, yeah.

• 24:52Speaker 03

  You know, it's not like you got the wrong person altogether. That is rare.

• 24:55H. Foley?

  You were married to this guy.

• 24:57Speaker 03

  Right, you were married, you made that choice, now you gotta live with it.

• 24:59H. Foley?

  You do do marriages. Do you recommend prenups?

• 25:01Speaker 03

  I do marriage.

• 25:04H. Foley?

  You do divorces?

• 25:04Speaker 03

  Yeah, so my firm has a division that does divorce and family law. Yeah, of course I represent, uh, of course I recommend prenups.

• 25:11Speaker 02

  Fuck.

• 25:11Speaker 03

  Absolutely.

• 25:12Speaker 02

  I'm screwed.

• 25:13Speaker 03

  Yeah. Prenups are like-

• 25:14H. Foley?

  I'm sleeping with Luke.

• 25:15Speaker 02

  But I heard they're not, I heard they're not fully, what, give us a quick rundown on prenups.

• 25:20Speaker 03

  I mean, the easiest way to think about it is, you get married, right? You're sharing income, you're sharing assets, and if heaven forbid you split up, you need to have some easy way to divide these things. If you've ever had a breakup before, you're familiar that those things never go well, right? It's pretty rare, especially for you two, that your prior relationships went swimmingly, right? I'm sure they're, you're getting hate mail to this day. So, it would be really convenient if when shit hits the fan, you're like, "Oh shit, remember when we invested $5,000 25 years ago? You take this fucking house, I take this house, you take $50,000, I take, and we walk away." So, a prenup is such a small investment of money and time that can save your life.

• 26:03H. Foley?

  What's a prenup cost?

• 26:04Speaker 03

  About $5,000.

• 26:06H. Foley?

  Five Gs, huh?

• 26:06Speaker 03

  $5,000, something like that. You know, they're hourly retainers, but $5,000, what is a divorce cost? $200,000?

• 26:13H. Foley?

  Is that what a divorce costs?

• 26:14Speaker 03

  If you have money.

• 26:15Speaker 02

  You gotta kill her, I'm kidding.

• 26:18Speaker 03

  If you have, look, if you have assets, obviously, if you don't have assets, you don't have these things, you don't got nothing to fight about. Sure. But even poor people who have nothing are fighting all day long. Yeah, yeah.

• 26:27Speaker 02

  It's tough to, yeah, it's, well, there's so much emotion involved in that.

• 26:30Speaker 03

  Yeah. And it's fucked up in New York and in a lot of states, if you're the moneyed spouse, you have to pay the attorney's fees for the other side. Yeah. So now, your wife's fucking someone else, the lawyer's fucking someone else, like, we're fucked every way possible, it's just crazy.

• 26:48H. Foley?

  Not you, obviously, but have you ever known, um...

• 26:51Speaker 02

  It's getting hot in here.

• 26:53H. Foley?

  Have you ever known colleagues that have gotten caught up in that, like, you know, they're, like, they're dealing with a divorce, they start banging the wife?

• 27:00Speaker 03

  Oh, my god, yeah, you could look it up, Derek. It's hot.

• 27:03H. Foley?

  Sex...

• 27:04Speaker 03

  It's, it's, no. I've seen those videos. It's right. It's an Al Pacino movie. It's a ripe situation for problems.

• 27:10Speaker 02

  Sure, emotions are high.

• 27:11Speaker 03

  Emotions are high, you're celebratory sometimes. Sure. You need attention, blah, blah, blah, I mean, I, I, look, I, I've never seen it in my personal circle of friends and colleagues, but there are lawyers and they get in trouble and it's, you know, you could look on the post.

• 27:25H. Foley?

  That's not illegal, though, for a lawyer to start banging.

• 27:27Speaker 02

  It's unethical, you're gonna go in front of the board.

• 27:29Speaker 03

  You can't, ethically, you cannot really enter into a relationship with a client. When they're no longer your client, that's fair game.

• 27:36H. Foley?

  Do whatever you want.

• 27:37Speaker 03

  But while they're, while they're your client. I'll be texting Todd later tonight, hey, what are you wearing? Yeah, yeah.

• 27:41H. Foley?

  Um, speaking of divorce, in The Sopranos, which, uh, is 98% of my personality, uh, when Carmelo wants to go ahead with the divorce proceedings, um, one of, some lawyer tells Tony to go around and meet with all the top defense, or all the top divorce lawyers in the area so that she can hire.

• 28:02Speaker 02

  That'd be a conflict, exactly.

• 28:03H. Foley?

  Is that true?

• 28:03Speaker 03

  Yeah, absolutely, so what happens is, if you come to me, to my firm, for a divorce consultation, and you tell me all your business and all your finances, and then you decide not to hire me, I possess that knowledge, if your wife or one of your baby mom is, I don't know how many you got at this point in time, comes to me. Comes to me and wants to talk to me about the case, but I know this information that I wouldn't know but for you telling me.

• 28:25H. Foley?

  Uh huh.

• 28:25Speaker 03

  I cannot talk to him.

• 28:26H. Foley?

  You can't do it.

• 28:27Speaker 03

  So if you were smart and you hit a few people, you know.

• 28:29Speaker 02

  Take out some of the big wigs.

• 28:31Speaker 03

  You know, it's a savvy move.

• 28:32H. Foley?

  Is everything with you under lawyer confidentiality, even if somebody just goes and gets a consultation?

• 28:39Speaker 03

  Yeah, absolutely. So I keep secrets for a living.

• 28:42H. Foley?

  No matter what they tell you?

• 28:43Speaker 03

  No matter what they tell me.

• 28:44H. Foley?

  No kidding?

• 28:44Speaker 02

  Dad, I would die.

• 28:45H. Foley?

  Somebody comes in and says, hey, I killed a homeless guy.

• 28:48Speaker 03

  Yeah, I've had people come to my office who have killed people that day.

• 28:52Speaker 02

  No shit.

• 28:53H. Foley?

  Fuck Addy.

• 28:54Speaker 02

  That's smart though. Is that what you would recommend? Not obviously that, but.

• 28:57Speaker 03

  I mean, no, I don't.

• 28:58Speaker 02

  No, of course, of course.

• 28:59Speaker 03

  I don't recommend homicide as a general activity.

• 29:02Speaker 02

  At all.

• 29:02H. Foley?

  Of course.

• 29:03Speaker 02

  But I'm just saying, if that were to happen.

• 29:06Speaker 03

  I mean, most of.

• 29:06Speaker 02

  You would go, seeking counsel right away is probably smarter.

• 29:09Speaker 03

  There's a number of smart things. One, everything's fresh, right? So surveillance video that you could obtain is fresh. Eyewitness statements are fresh. If you're going to be arrested, you could at least go before a judge and say, look, I walked myself in. I surrendered.

• 29:22Speaker 02

  What is the turning yourself in? Cause that's what like rich people do. They get caught doing something like.

• 29:26Speaker 03

  Well, at the end of.

• 29:26Speaker 02

  You get a DUI, you don't get to turn yourself in.

• 29:28H. Foley?

  I'll see you on Monday.

• 29:29Speaker 03

  So, so there's two scenarios about that, right? One is if you're wanted. So if you know the NYPD has an I card, which means an internal document that says they're gonna pick you up, or an arrest warrant, or a bench warrant, and you know you're gonna get arrested, you could hire a lawyer and your lawyer could arrange for you to surrender.

• 29:47Speaker 02

  And they're cool with that typically?

• 29:48Speaker 03

  Yeah, and that's, it's smarter for everyone. They don't have to go look for you. You surrender on your own accord. You're prepared, you're wearing the appropriate clothes, you have what you're allowed, money, you know, change. You don't have, I don't know, fucking a cellphone that's gonna get, you know, put into property vouchers and things like that. And then you get to go before a judge and say, Judge, there's no reason to hold me or issue bail.

• 30:09H. Foley?

  I'm not gonna run.

• 30:10Speaker 03

  I knew I was under investigation and here I am. I walked myself into the precinct. I walked myself into the court. I surrendered to the marshals, the FBI, so on and so forth.

• 30:18Speaker 02

  That's great. I had a buddy, uh, get arrested for his movement. He's just moving a little bit of weight. He's dead now, so I could talk about it. But the cops, you know. Came up on his house and he raised all of them and ran upstairs and put on his suit like he was in the mob.

• 30:34H. Foley?

  Is that?

• 30:34Speaker 02

  So he walked out, he walked out in his suit and I was like, that's fucking, I respect that shit.

• 30:38H. Foley?

  When you say appropriate attire, what is the appropriate attire? What do you want to get arrested in?

• 30:42Speaker 02

  Would these, if we were going, you know, just say like a DUI or like a possession charge or something. How's this, how's this alright?

• 30:50H. Foley?

  Don't you kind of want to look schlubby a little bit?

• 30:52Speaker 03

  I mean, it depends on, it depends on your angle.

• 30:54Speaker 02

  I got cash.

• 30:55Speaker 03

  It depends on your angle, right?

• 30:57Speaker 02

  Okay, yeah, let us.

• 30:57Speaker 03

  So there are some cases, for example, a DWI where in New York City, the judges rotate. It's not like you're going to be with the same judge. It's not going to remember you, they're not going to know you. It's going to make no difference. But if it's a more serious case and it's one judge throughout your case, absolutely. First impressions matter, how the judge views you, recidivism, deterrents, specific deterrents, general. All these things matter and if you show respect to the court, at a minimum, that's a variable they're going to take into consideration.

• 31:24H. Foley?

  What'd you think about that guy that jumped over the thing and, and fucking clothesline the judge?

• 31:29Speaker 03

  That was bananas.

• 31:29H. Foley?

  That's crazy. You know, talking about the guy jumped sideways? He's jammed up.

• 31:33Speaker 03

  He's totally jammed up.

• 31:35H. Foley?

  That would be a don't in your book.

• 31:38Speaker 03

  On so many levels, that situation is terrible, but yeah, everyone saw that. It's horrible. And look, these judges and law enforcement and defense lawyers, it's not an easy world. We're dealing with people who.

• 31:50Speaker 02

  Sure.

• 31:50H. Foley?

  Much respect.

• 31:51Speaker 03

  You know, are, are facing significant sentences.

• 31:53Speaker 02

  Worst period of their lives a lot of time.

• 31:55Speaker 03

  Exactly. That's what I tell everyone. When they come to my office, that's the worst day of their life generally. That's a strange dynamic to be there.

• 32:01Speaker 02

  I've heard that about cops too. It's like, you see a cop typically at your lowest. No one's like, I just won the lottery, let's grab beers. It's like, you know, whatever happened.

• 32:11Speaker 03

  And that's a big part of criminal defense work is managing that relationship. If you cannot manage that relationship, it's going to be impossible to succeed, you know, as a defense lawyer.

• 32:22H. Foley?

  Gotcha.

• 32:22Speaker 02

  Have you had anybody, any of your clients where you're like? You gotta, you gotta put on something better than that.

• 32:28Speaker 03

  Yeah, of course. This is not the time to make political statements. This is not the time to do something that-

• 32:34Speaker 02

  The president made me do it.

• 32:35Speaker 03

  And also, it's a very thin line as a defendant. Like, you're constantly balancing, like, you want to do right and get the best result, right? And you don't want to get yourself in further trouble. So, you should always dress accordingly, act accordingly, be respectful.

• 32:52Speaker 02

  Not on your phone and keep your mouth shut, right?

• 32:54Speaker 03

  Keep your mouth shut and just play the game. This is a game. You gotta play the game, like in anything in life.

• 32:58H. Foley?

  Um, something I always like in movies is, so you got the detectives and all that stuff, but then, like, the DA's office has like their own investigators.

• 33:09Speaker 03

  Yes.

• 33:10H. Foley?

  They're always like older grizzled dudes.

• 33:12Speaker 03

  Yes.

• 33:12H. Foley?

  Got like a snub-nosed 38. They know all, they got all the fucking hookups and all that stuff. I love those kind of characters. Do, does your, as a defense attorney, do you guys have somebody on the other side of that?

• 33:24Speaker 03

  So those guys are great, especially in Danny and Manhattan. Those guys have been there for years. They know the city inside out. They really maneuver it. It real sad.

• 33:31H. Foley?

  I wish I knew the city inside out.

• 33:34Speaker 03

  And they know, they know a different version of the city than a layperson. Um, so we have private investigators on our side who are prior law enforcement, both on the state and federal level, that are similar, are paid significantly more.

• 33:47H. Foley?

  Sure, private sector, that's what you do.

• 33:48Speaker 03

  It's the private sector, and they have, uh, alternative sources of information that sometimes the government doesn't have. So, for example, they may know people on the street.

• 33:57Speaker 02

  They're connected.

• 33:58Speaker 03

  They're more connected.

• 33:59H. Foley?

  They got CI's and snitches all over the goddamn city.

• 34:02Speaker 03

  They know people who are more involved in particular crimes or investigations, and sometimes legally and ethically could provide some information that only a source like that could provide.

• 34:11Speaker 02

  He's good. He dropped legally and ethically in there.

• 34:13H. Foley?

  Has it ever gotten hairy for you? Like, have you ever had to, like, shake a tail in Chinatown or anything like that?

• 34:18Speaker 03

  Um, I mean, I'm doing this a long time. Obviously, I've, I've been in some, you know, difficult situations, but I've never felt unsafe or anything like that.

• 34:26H. Foley?

  Gotcha.

• 34:26Speaker 03

  I felt uncomfortable, whereas probably best I wasn't at a meeting or at a restaurant or something like that. But that's a personal choice.

• 34:34H. Foley?

  Sure, yeah, yeah, yeah, yeah, yeah.

• 34:36Speaker 03

  You know, I'm not trying to be that close either, you know.

• 34:38H. Foley?

  I got you.

• 34:39Speaker 03

  You know.

• 34:39Speaker 02

  Damn.

• 34:40H. Foley?

  Man.

• 34:40Speaker 02

  You're fucking awesome.

• 34:41H. Foley?

  You're the coolest guy I've ever met.

• 34:43Speaker 02

  Um, alright, let's talk a little bit, right?

• 34:45H. Foley?

  Talk about flipping.

• 34:46Speaker 02

  No.

• 34:47H. Foley?

  What, you fucking rat?

• 34:50Speaker 03

  Listen, whatever you want to talk about, I'm all yours.

• 34:52Speaker 02

  Um, alright, let's just say you get pulled over, right? Let's go a little more low level crime, that we might be able to help out some of our listeners here. None of this bitcoins, fucking money laundering. No, um.

• 35:02H. Foley?

  Let's keep it half a gram and under.

• 35:05H. Foley?

  Personal use.

• 35:06Speaker 02

  Personal use.

• 35:07Speaker 03

  Let's just deal with the next 24 hours of our respective lives.

• 35:11Speaker 02

  Uh, let's just say, you know, you get, because the, one of the big things in the early 2000s was a Jay-Z, to quote the great Jay-Z, "The glove compartment's locked and so is the trunk in the back. I know my rights, so you're gonna need a warrant for that." And then me and my dirtbag friends, that was our excuse. "It's in the trunk, it's in the glove box, they need a warrant." Is that true?

• 35:31Speaker 03

  Yeah, absolutely, so.

• 35:32Speaker 02

  Really?

• 35:32Speaker 03

  Really? Well, let me, let me backtrack. So, first and foremost, if, if you're in a situation with law enforcement, you have to just comply. It's not for, it's not for you to have that conversation about the legality of a search, right?

• 35:43H. Foley?

  What do you think about?

• 35:44Speaker 02

  Alright, let's, let's pull it back even one step. You get pulled over.

• 35:47Speaker 03

  You get pulled over, the first thing you want to do is.

• 35:48Speaker 02

  You got something in the trunk.

• 35:49Speaker 03

  The first thing you want to do is make sure you don't get fucking shot, right? So, put your hands up.

• 35:53H. Foley?

  Sure.

• 35:54Speaker 03

  Make sure they know that you're not a risk to their safety, for everyone's benefit.

• 35:57H. Foley?

  Yeah.

• 35:58Speaker 03

  This is not the time to act fast.

• 35:59H. Foley?

  So, don't get out the window like, "Ah, what took you so long?" Just, just.

• 36:03Speaker 02

  I'm gonna be going, "I know, Todd!"

• 36:04Speaker 03

  Yeah, just put your hands up and, and be respectful and let them do what they have to do.

• 36:08H. Foley?

  And what about that bullshit that people do? They just crack the window, like, "Oh, I know my rights, I just have to crack." Don't do any of that shit, right?

• 36:14Speaker 03

  Exactly, your, your position is, "I've been pulled over, I'm gonna respect authority, I'm gonna do things the right way."

• 36:20H. Foley?

  Gotcha.

• 36:20Speaker 03

  "I'm gonna deal with the issues at the appropriate time." If you're gonna litigate the search, the seizure, probable cause, reasonable.

• 36:28Speaker 02

  So, you say, you would say, not recommend, but say they find the trunk, they search the trunk, you, they, your client can then go to you and go, "They didn't have a wa-" like, you then fight that? The legality of the search.

• 36:39Speaker 03

  If it was, if it was my client or I'm recommending to your listeners, "If police come, you be respectful, you do not voluntarily open the trunk."

• 36:47Speaker 02

  Yeah.

• 36:47Speaker 03

  You're not legally required to do that. You don't voluntarily open the glove compartment. You certainly don't make admissions to anything.

• 36:55Speaker 02

  If they say, "Is there anything in the car we should know about?"

• 36:57Speaker 03

  You should say, "I'm invoking my right to counsel, speak to my lawyer."

• 37:01H. Foley?

  What if you don't have a lawyer?

• 37:03Speaker 03

  You could still invoke your right to a lawyer.

• 37:04Speaker 02

  Yeah, you get a public defender. But I ain't telling you shit. Then what do they do? They just arrest you?

• 37:08Speaker 03

  Then, depending on the circumstances, they may go get a search warrant, right?

• 37:12H. Foley?

  Right there on the spot?

• 37:13Speaker 03

  Oh, yeah.

• 37:13H. Foley?

  The judge, I thought that'd take a couple of days.

• 37:15Speaker 02

  Not calling to the judge.

• 37:16Speaker 03

  Absolutely, no.

• 37:17Speaker 02

  We got a guy here, car smells like whatever.

• 37:19Speaker 03

  Yeah, or whatever. We got a call that someone was robbed and they made this description and it fits this car and the individual's in the car. And they could go to a judge and try to get a warrant. Then they get a warrant, they could get in. But without the warrant, you won't do anything.

• 37:32Speaker 02

  You say, "I'm invoking my right to an attorney."

• 37:34Speaker 03

  And if you're savvy enough, but depending on the situation, you may have a lawyer on retainer. And your lawyer could come there.

• 37:41Speaker 02

  Yeah. No kidding. The lawyer will show up.

• 37:44Speaker 03

  If it, listen, again.

• 37:45Speaker 02

  If it makes, if it works out.

• 37:46Speaker 03

  If it makes sense, yeah, you're just driving and you have a little bit of marijuana or something in the car, probably not. But if you're a target of a long-term investigation and...

• 37:54Speaker 02

  Right, you're moving weight.

• 37:56Speaker 03

  And you're, you know that there are real issues that are gonna happen irrespective of what they find in your car. Or it's a stop on purpose because they're trying to confirm identity or location or something like that, you should call your lawyer.

• 38:07H. Foley?

  They were tailing you.

• 38:08Speaker 03

  Or, or anything. They could be connecting you to a warehouse or a car.

• 38:11H. Foley?

  A warehouse?

• 38:12Speaker 03

  You know?

• 38:13Speaker 02

  What are we, in Gotham? What the fuck warehouse? These crazy dudes are, you know.

• 38:17Speaker 03

  Listen, it's, it's easy to forget, but there's nine million people in New York City. There's real criminals doing real criminal shit, you know?

• 38:26Speaker 02

  They're just trying to get a bag, dude. Okay. Huh.

• 38:29H. Foley?

  Okay.

• 38:30Speaker 03

  Yeah, but you gotta be smart. You gotta be smart. But to answer your question, it's for your lawyer to litigate the search and the seizure. Not for you at that moment.

• 38:38Speaker 02

  To be the lawyer.

• 38:38Speaker 03

  Of high tension with people with guns to argue it.

• 38:42Speaker 02

  Very smart. I never thought of it that way.

• 38:44Speaker 03

  I'm invoking my right to counsel. If you want me on the floor, I'm on the floor. I'm not opening anything. If they take your keys and open, so be it. You deal with it.

• 38:49Speaker 02

  You can fight that. The lawyer will fight that. That's smart. That's very smart.

• 38:53Speaker 03

  And obviously you could have a camera in your car, which helps.

• 38:56Speaker 02

  Well, that's what a lot of, I mean, that's, there's footage of everything now, I feel.

• 38:59Speaker 03

  Everything's recorded and that's certainly smart, particularly if you're a criminal.

• 39:05Speaker 02

  Which we are not, by the way. Which we are not criminals.

• 39:07H. Foley?

  This is all speculative.

• 39:09Speaker 02

  This is all he's in character.

• 39:10H. Foley?

  Kippy Aura Frames, Aura Frames, Aura Frames.

• 39:13Speaker 02

  Ooh, you mean the best digital photo frame in the biz?

• 39:15H. Foley?

  The best digital photo frame in the business. You know why I said it three times?

• 39:18Speaker 02

  Why?

• 39:19H. Foley?

  Cause you get three of them.

• 39:20Speaker 02

  Uh huh.

• 39:20H. Foley?

  For everybody on the list.

• 39:22Speaker 02

  Sure.

• 39:22H. Foley?

  You get one for grandma, you get one for the age, you get one for your grandpa. Gang, if you want this Christmas season to be easy.

• 39:30Speaker 02

  Be a stud.

• 39:31H. Foley?

  If you want this Christmas season to be no stress, not walking around the mall looking for this, looking for that, whatever it is, they don't want it. Get these old birds, these old guys, get them an Aura Frame. They throw it on the counter, they get to watch the kids grow up. You upload the photos, they get to see what's going on. It is absolutely easy. Dude, order five of them. If you've got five people to shop for, hit them with five Aura Frames.

• 39:58Speaker 02

  It's out the door.

• 39:59H. Foley?

  Boom, boom, boom, you're done. They're gonna love ya.

• 40:01Speaker 02

  I can't stress it enough. It makes it so easy. Just buy a handful at ease. Oh, the, the, they get one at the office, they get one here, they get one there. You can upload your own personal video. So when they turn it on, it's boom, it's you. Hey, hey Nana, love ya. Thanks for the, make sure I'm in the inheritance. How you doing?

• 40:17H. Foley?

  Sure.

• 40:17Speaker 02

  Uh, for a limited time, visit AuraFrames.com and get $45 off Aura's best-selling Carver Matte Frames by using the promo code GARBAGE at checkout. That's Aura, A-U-R-A, Frames.com, promo code GARBAGE. This exclusive Black Friday/Cyber Monday deal is their best of the year, so don't miss out. Terms and conditions apply. Do it.

• 40:34H. Foley?

  Do it. Kippy, this is Liquid IV.

• 40:36Speaker 02

  Shout out to Liquid IV.

• 40:38H. Foley?

  I got an update for Liquid IV. Now, listen, as we all know, Liquid IV is fantastic. They've been a sponsor for a while. They've blown up in popularity.

• 40:47Speaker 02

  Sure.

• 40:47H. Foley?

  Over the last few years. Everybody's on this stuff, cause it's fantastic. It rehydrates you if you're at the gym, if you're sick, if you're hungover. Unbelievable. Hydrates you three times faster than water. But here is the turkey. You know what I stumbled across?

• 41:03Speaker 02

  What's that?

• 41:03H. Foley?

  And I didn't even know existed.

• 41:05Speaker 02

  What?

• 41:05H. Foley?

  Concord Grape.

• 41:07Speaker 02

  Woo!

• 41:08H. Foley?

  Let me tell you something, dude.

• 41:10Speaker 02

  They got another new berry one that's killer.

• 41:13H. Foley?

  My girl had to take it away. I'm doing like three and four in a day. I'm just crushing it.

• 41:17Speaker 02

  Uh huh.

• 41:18H. Foley?

  So good.

• 41:18Speaker 02

  It's good. Listen, we, it's well documented how great of a product they are. Uh, they have the convenient package. You dump into a bottle of water, you shake it up. Uh, it's got three times the electrolytes in liquid sports drinks. There's no artificial sweeteners. Uh, you get your eight vitamins and nutrients all in one spot. We have it. We do it every day when we get to the studio on the road. It is a ritual. We wake up in the morning. We get in the car, we get to the airport, everybody does, everybody does a Liquid IV to stay on track.

• 41:46H. Foley?

  Crush one after a night of drinking before you go to bed. You're gonna wake up feeling like a dream.

• 41:49Speaker 02

  That's a kippy tip. Stay hydrated through the holidays and get Liquid IV with Liquid IV. Get 20% off your first order of Liquid IV when you go to liquid-iv.com and use our promo code garbage. That's 20% off your first order when you shop better hydration today using promo code garbage at liquid-iv.com. Do it.

• 42:05H. Foley?

  I assume you got some high level clients that you are on retainer. So that if they call, you're down there.

• 42:11Speaker 03

  Exactly. So.

• 42:12H. Foley?

  Middle of the night, doesn't matter?

• 42:13Speaker 03

  Yeah, absolutely. So we have a lot of clients like that.

• 42:15H. Foley?

  You throw a suit on when you run down there?

• 42:17Speaker 03

  Yeah. And we have suits in the office in case we have to.

• 42:20Speaker 02

  Great, great, great pivot. How many suits do you own?

• 42:23Speaker 03

  Oh, I own.

• 42:24Speaker 02

  That's a question we ask everybody.

• 42:26Speaker 03

  I gotta own 30 to 40 suits.

• 42:27Speaker 02

  No shit.

• 42:28Speaker 03

  But I wreck suits. Remember, I'm not living the high life. I'm not like a Goldman Sachs banker, right? I'm running into jails and criminal court. Like, I'm not living that life. So the suits that I have,

• 42:38Speaker 02

  You wear through them.

• 42:39Speaker 03

  They wear through. So it's not that I'm like.

• 42:41Speaker 02

  Sure, sure.

• 42:41Speaker 03

  At the golf club, you know, with all my suits. It's that you just, I get a lot of wear and tear.

• 42:46Speaker 02

  Gotcha.

• 42:47Speaker 03

  Even though I'm sexy as hell, the suits still get wrecked.

• 42:49Speaker 02

  Of course. Guy's got a little bit of swag to him.

• 42:51H. Foley?

  Do you have any guidelines personally for yourself as far as like, I'm not gonna wear this tie today. I don't like this tie. Does any, does the case, does the judge, does the?

• 43:02Speaker 02

  That's a bit of a flashier tie. Would you wear that for like a white collar?

• 43:06Speaker 03

  Um, so I personally like Hermes ties.

• 43:10Speaker 02

  Yeah, he does.

• 43:11Speaker 03

  Okay, I do. Uh, that's like my one little indulgence. Okay, I'm not gonna lie.

• 43:17Speaker 02

  You're a dirtbag. I love it.

• 43:18Speaker 03

  But it's a valid question. So for example, um, I did a trial in Tampa, a federal trial recently. And after the case was over, I got to speak to the jury about things. And they mentioned like that they saw my watch and they thought it was flashy.

• 43:32H. Foley?

  Whoa.

• 43:33Speaker 02

  New York lawyer comes down here.

• 43:34Speaker 03

  Exactly.

• 43:35Speaker 02

  Yeah. You're not gonna tell us.

• 43:36Speaker 03

  Right, and so that, and I, and I take all that sort of constructive criticism to heart, and, and I believe it.

• 43:42H. Foley?

  You're doing focus groups after a trial?

• 43:44Speaker 03

  Yeah, well, you wanna find out what works, what didn't work.

• 43:46H. Foley?

  Get the fuck outta here.

• 43:47Speaker 03

  You're, well, you're allowed to talk to the jurors.

• 43:49H. Foley?

  Hey, what jammed me up here?

• 43:50Speaker 03

  And also, also, you could get information you may not have gotten unless you spoke to them. And maybe there's an issue for appeal, or maybe there's something to...

• 43:57Speaker 02

  Oh, we thought this when they said that.

• 43:59Speaker 03

  Yeah, one of the other jurors told me we could be a danger, or someone slipped me money, or, I don't know.

• 44:05H. Foley?

  Have you had that happen?

• 44:06Speaker 03

  No, I've not had that happen.

• 44:07Speaker 02

  Damn.

• 44:08Speaker 03

  No, it's, it's pretty legit. Everything's legit.

• 44:10Speaker 02

  Have you ever been close to being held in contempt?

• 44:13Speaker 03

  I've had some circumstances that I, you know...

• 44:16Speaker 02

  Or like one more time?

• 44:17Speaker 03

  You're in trial, you're, you're worked up, you're, you know, lawyers, criminal defense lawyers live and breathe their cases. Good criminal defense lawyers, so if you have a case and you're passionate about it, and you've been working for two months, and maybe two years to get to that point, it becomes your life, and, and if you feel strongly about something, you can easily be held in contempt. And this just happened with Young Thug in Atlanta, right?

• 44:38Speaker 02

  Yeah, him and his lawyer, yeah.

• 44:40Speaker 03

  And now, in reality, that lawyer did a phenomenal job protecting his clients, right? And it worked out in his favor.

• 44:44Speaker 02

  He got him off, right?

• 44:45Speaker 03

  He got him a plea that...

• 44:46H. Foley?

  Thug's free.

• 44:47Speaker 03

  You know, he got him a plea that he wouldn't have gone, but that's, that's to your point, that happens.

• 44:51Speaker 02

  Uh huh.

• 44:51Speaker 03

  And the lawyer, that's, it's a very difficult position for a lawyer to be, but that's the salt of the earth lawyer who stood his ground.

• 44:58Speaker 02

  Yeah, that's great.

• 44:58Speaker 03

  And that's why Young Thug is, is living la vida loca now.

• 45:02H. Foley?

  It's, is it true in this system that, obviously, you know, the better someone is at their job, the better it is, how do I, how do I word this?

• 45:13Speaker 02

  Be careful, tread lightly, Mr. Foley.

• 45:16Speaker 03

  Yeah, no admissions on the record.

• 45:17H. Foley?

  No, no, no, no, no, it's, it's just, uh, that the more expensive the lawyer, the better the lawyer. The more, the better, the better your chances of getting off are.

• 45:26Speaker 03

  Okay, so I'll, I'll, I'll be honest and, and address that really in a comprehensive way. So, one, there are lots of lawyers out there that are snakes, and charge lots of money, and don't do good work.

• 45:36H. Foley?

  If you talk to my dad, it's all of them.

• 45:38Speaker 03

  And, and there are lots of, and there are lots of good lawyers that charge a lot of money and do tremendous work, and they really provide comprehensive representation. So, it's not a perfect answer, but 100%, you need the resources to do the job, right?

• 45:53H. Foley?

  Right.

• 45:53Speaker 03

  Lawyers have to make money just like anyone else, so... How much time is your lawyer realistically gonna dedicate to your case for X amount of money?

• 46:00Speaker 02

  Yeah.

• 46:01Speaker 03

  That's kinda how you have to look at it, right? So a lot of times clients come in and they try to bargain and this and that, and I say that exact thing to them and I... You don't want those cases, cuz those folks will take every minute of your life. They'll never be happy, they get worked up, and if they're paying you every dollar, they're gonna extract every drop of blood from you. So, I try to have very realistic conversations of what expectations there are, what's a realistic goal for your case? Um, but 100%, it's expensive, it's time-consuming, we have a large staff, people dedicated to your case. You gotta have the resources, or we're not the right fit.

• 46:36H. Foley?

  Do you guys do a payment plan, or do you gotta have...

• 46:38Speaker 03

  Yeah, we have a finance department.

• 46:39H. Foley?

  Oh, no shit?

• 46:40Speaker 03

  Yeah, they do payment plans, they have various things that could help people.

• 46:43H. Foley?

  So you get jammed up, you don't gotta come in with 300 grand off the rip?

• 46:46Speaker 03

  Yeah. But 100% good legal, you know, providers are gonna cost a pretty penny.

• 46:52H. Foley?

  Good stuff costs money.

• 46:53Speaker 02

  Especially in New York City.

• 46:54Speaker 03

  It's, yeah, it's just time. You're paying for time.

• 46:57Speaker 02

  Okay, what is the legality behind, if, again, dirtbag drug dealers, if you're a cop, you gotta tell me?

• 47:05Speaker 03

  So, it doesn't really work that way, it sounds like you're referencing someone who's an undercover, right? You know, if you're an undercover, cover buying something, there's no right-line rule that says, "Oh, tell me if you're a cop," and they have to do that. That's movie lore. But, you shouldn't be in that situation to begin with, right? If you're having a conversation with someone, you're like, "I'm doubting whether you're an actual purchaser of drugs or a police." You probably should not have entered the room where the fucking guy is, right? Like, you should not be in that, you know...

• 47:36Speaker 02

  This guy's a street shooter, dude.

• 47:38Speaker 03

  You're already not exceeding as a criminal, you know what I mean?

• 47:41Speaker 02

  Yes, yes.

• 47:42H. Foley?

  I always had, uh, and, you know, I'm just being honest here, you know, I had, I had some issues with, uh, with, um... substances years ago or whatever. I always was very paranoid about it. Uh, but in reality... Is like as far as like an investigation, nobody's really looking for the end user, right?

• 48:03Speaker 03

  No, absolutely not.

• 48:04Speaker 02

  No, he would get cooked up in his apartment and be worried that the

• 48:07H. Foley?

  What the fuck?

• 48:08Speaker 02

  The feds were coming to get him.

• 48:09Speaker 03

  No, absolutely not.

• 48:11H. Foley?

  Fucking rat motherfucker.

• 48:13Speaker 02

  Looking at the people thinking they're coming to get you.

• 48:15Speaker 03

  Law enforcement has limited resources at the end of the day, right? Especially in New York City, especially on the federal level. They want big suppliers, distributors. They're not looking for someone who's a small user. But how do you get to those people?

• 48:29Speaker 02

  Shake them down.

• 48:30Speaker 03

  You get to the small users.

• 48:31H. Foley?

  Yeah, okay.

• 48:31Speaker 03

  So a lot of times what happens is if you're a middle, you know, sort of low level, mid-level drug dealer and you get jammed up, you're going to explore your options and one option's going to be cooperating against someone higher. And that, that's the game. Unfortunately, that's the reality.

• 48:48H. Foley?

  Sure, I'm talking end, end, end, end user.

• 48:51Speaker 03

  And the truth is, and this is, goes back to the lawyer and, and sort of the skillset, but there's all these alternative programs in New York for low-level possession cases, even cases where you have possession when intent to sell, where you could get judicial diversion and the case gets dismissed by doing some treatment. So if you're savvy as a criminal defense lawyer, there is an angle of that, which is take the facts of your case and make them fit into something else.

• 49:17Speaker 02

  Gotcha.

• 49:18Speaker 03

  So we'll represent drug dealers who have significant amounts of weight and they have a drug issue and they need treatment.

• 49:25Speaker 02

  So they can get them to, hey, do six-month program, whatever, to learn the line.

• 49:29Speaker 03

  That's the reality of a lot of drug dealers of that level, right? You buy enough so you have some.

• 49:35Speaker 02

  Sure. We call, we used to call it a head stash.

• 49:38Speaker 03

  You know, that's

• 49:39H. Foley?

  Getting high on your own supply.

• 49:40Speaker 03

  But, but I, I will tell you something.

• 49:42H. Foley?

  Tony got jammed up down in Miami.

• 49:44Speaker 03

  I'll tell you something that is a problem is idiots buying drugs online. We have clients who

• 49:49Speaker 02

  That's insane to me.

• 49:51Speaker 03

  Who will go on the dark web and get coke and meth and get, and get it delivered.

• 49:54Speaker 02

  Is it like large amounts or like?

• 49:56Speaker 03

  It'll be like an eight ball, you know, like it'll be enough, but what the fuck? You're literally buying it with crypto that is traceable one way or the other to a wallet, to something, to your IP, to something, and then it's going to ship to your fucking house or your apartment. Like that is insane.

• 50:12Speaker 02

  That's insane to me.

• 50:13Speaker 03

  Like, that's truly insane, you know? But if you happen to get jammed up, you know who to call. Got you.

• 50:18Speaker 02

  Yeah. Dude. This is alright.

• 50:22H. Foley?

  On those terms, and this is strictly hypothetically. Extradi-

• 50:26Speaker 02

  You wanna get a bag?

• 50:29H. Foley?

  Extradition-wise. Just as somebody with expertise, where would you go? If you didn't wanna get sent back?

• 50:39Speaker 03

  I mean, it's complicated because obviously the vast majority of countries do have treaties.

• 50:43H. Foley?

  Sure.

• 50:44Speaker 03

  But there are some-

• 50:44H. Foley?

  Treaties that will send you back.

• 50:46Speaker 03

  Yeah, and it's a nightmare. You get picked up in a foreign country and you're going through extradition and then gonna get extradited to the United States. That's an epic nightmare.

• 50:54H. Foley?

  Cause you gotta go to their prison for a little while.

• 50:56Speaker 03

  Then you gotta wait for the marshals or whoever to come pick you up and bring- it's-

• 51:00H. Foley?

  You're probably begging for them at that point.

• 51:01Speaker 03

  Well, exactly. So, almost every case that we have where someone is gonna be extradited, we generally advise them to waive extradition and come back. Almost every case.

• 51:09H. Foley?

  Gotcha.

• 51:10Speaker 03

  But there are countries that-

• 51:11H. Foley?

  But if you get picked up down there, you can't say to them, "Hey, I'm gonna go straight to the th-"

• 51:14Speaker 03

  And also, it goes back to if you're gonna be extradited, think about it on a financial crime. If you're gonna be extradited from Spain, let's say, and face charges-

• 51:22H. Foley?

  I'm not going to be eaten with a sp-.

• 51:24Speaker 03

  Right? And now you're going before a judge who's like, "You have no ties to the US. You've committed a large-scale financial fraud." You don't have much going for you to stay out of prison pending trial. But if you knew about an investigation, voluntarily flew over-

• 51:38Speaker 02

  Like, look, it's a good sign of good faith.

• 51:40Speaker 03

  Exactly. So, that's that.

• 51:41H. Foley?

  Heard you guys are looking for me.

• 51:42Speaker 03

  But there are countries, Lebanon doesn't, you know-

• 51:45Speaker 02

  Really? I'd rather do thirty-five years.

• 51:47Speaker 03

  Now, exactly. Now, I don't know, I was gonna say-

• 51:49Speaker 02

  Fucking Rikers.

• 51:50Speaker 03

  You know, I was gonna say, there are some places, I don't know if you'd rather be there.

• 51:53H. Foley?

  Something nice.

• 51:54Speaker 03

  Yeah, no, Cancun, you're dead to rights. You're coming home.

• 51:56Speaker 02

  Okay.

• 51:57Speaker 03

  Yeah.

• 51:57Speaker 02

  Now, what is, um, have you had, or what's the, you get set bail? And like, my, the little, it's ten percent, right? So, if you get a million dollars bail, you gotta put up a hundred thousand.

• 52:09Speaker 03

  So, yeah, there's, there's three different types of bail traditionally in New York, right? There's cash bail, which is fifty thousand, you bring fifty thousand dollars, you post it with the court, you get released.

• 52:19H. Foley?

  Where does that money go? Who's getting that cash?

• 52:21Speaker 03

  It's just held in an account and then released to you at the end of the case minus a three percent administrative fee.

• 52:26H. Foley?

  Oh, so you get that back?

• 52:27Speaker 03

  That's straight cash bail, you get back.

• 52:29H. Foley?

  Even if you get convicted or not?

• 52:31Speaker 03

  Absolutely. That's just a-

• 52:32Speaker 02

  That's just to show you show up, right?

• 52:34Speaker 03

  Yeah, it's a, it's a security, right? It's saying to the court, "Look, I'm coming back. You're holding fifty thousand dollars. When this case is over, I get it back, no matter what." Now, if you abscond-

• 52:42H. Foley?

  No kidding. What's that mean?

• 52:43Speaker 03

  If you leave-

• 52:45Speaker 02

  Bam! Hit Lebanon!

• 52:46Speaker 03

  Peace, you know what I mean? If you're out, then they forfeit that money.

• 52:49H. Foley?

  Yeah.

• 52:50Speaker 03

  And that does happen-

• 52:50H. Foley?

  The state gets that.

• 52:51Speaker 03

  The state gets it.

• 52:52H. Foley?

  Gotcha.

• 52:52Speaker 03

  So that's one. Then there's partially secured bonds, which is you're paying a percentage, ten percent, to the court, and you're showing to them that you have sufficient financial resources to pay the whole thing in the event your loved one-

• 53:10Speaker 02

  You do, gotcha.

• 53:11Speaker 03

  You know, and that's another option, and then there's bail bondsman.

• 53:14H. Foley?

  Dog the bounty hunter.

• 53:15Speaker 02

  Which is, we have run that, what, so you get, they put the money up?

• 53:18Speaker 03

  Yeah, so for example, someone gets arrested and the bond-

• 53:20Speaker 02

  I love Dog the Bounty Hunter.

• 53:22Speaker 03

  And, and the bail's fifty thousand dollars. One option, someone comes to court, pays fifty thousand dollars cash. One option is a partially secured bond, which you're paying ten percent, which will be higher than the fifty thousand, so it'll be like a hundred thousand. You're paying the court ten percent, you're signing the bond, proving to the court, "Look, I work full-time, this is what I do, here's how much I make, here's my savings, here's everything," and the court approves you, you're released and you get that money back. And then there's a bail bondsman who charges a fee. So they take the ten percent, but then they also charge their own fee, and they may require collateral. They may say, "I'll post the fifty thousand or two hundred thousand, because it'll be higher, but you pay me ten percent and you put up your house," right? Because they're taking the risk. They're underwriting it for you.

• 54:03H. Foley?

  Jesus.

• 54:04Speaker 03

  So it gets complicated. And back to your question about having a lawyer on retainer, the more sophisticated the criminal, the more sophisticated bail package they're gonna have pre-arranged for when shit hits the fan.

• 54:16Speaker 02

  What do you mean? Like, they'll already have-

• 54:18Speaker 03

  Set up perfectly, so the day it goes down-

• 54:21Speaker 02

  I got, I got a hundred grand in an account, here's a house-

• 54:24Speaker 03

  Here's all clean money, here's tracing it, it's nothing to do with anything-

• 54:27Speaker 02

  Jesus Christ-

• 54:28Speaker 03

  You know, bail bondsman's on call, whatever you need-

• 54:30Speaker 02

  Sure, it's already worked out, so it goes, "Call my lawyer, he's executing everything-"

• 54:34Speaker 03

  Exactly-

• 54:35Speaker 02

  "I'll be out of here for lunch."

• 54:35Speaker 03

  And, and, but that's why, back to, obviously that costs money, all these things cost money, because it's time, so it is valuable, right? It is a valuable service, the less time you're in prison, certainly the better.

• 54:47H. Foley?

  So Lebanon, huh?

• 54:49H. Foley?

  Any, anywhere else?

• 54:51Speaker 03

  Um, there are other countries, uh, that don't extradite.

• 54:55H. Foley?

  Does Russia extradite?

• 54:56Speaker 02

  Belize?

• 54:56Speaker 03

  Uh, Russia, no, no, Russia, Russia's a problem also-

• 55:00H. Foley?

  Yeah, go over there and play ball now-

• 55:01Speaker 03

  But, but the problem is, all these countries are at war, like, I don't know- I don't know if you really-

• 55:06Speaker 02

  I'll roll my dice with three hots and a cot, man, yeah?

• 55:08Speaker 03

  Yeah, I'm not sure what you're into, but-

• 55:10H. Foley?

  Costa Rica?

• 55:11Speaker 03

  Uh, I think Costa Rica does extradite.

• 55:13H. Foley?

  Best!

• 55:14Speaker 03

  Pretty much all the countries that you would think would extradite-

• 55:17H. Foley?

  The ones you'd wanna go-

• 55:17Speaker 03

  Would extradite, right? It's the ones that you don't wanna go to, right? It's like those random TikTok videos where it's like, "I'm a fucking world traveler, here I am at like, the one person in Iran, check it out." Yeah, you could go there too.

• 55:28Speaker 02

  Um, are verbal agreements legally binding?

• 55:33Speaker 03

  Hard to prove, so it's not a question of whether they're legally binding, they can be, but somehow you have to prove it extrinsically. How are you going to prove that you have that?

• 55:41Speaker 02

  So both people would have to be like, "Yeah, we said that, we said that," and then-

• 55:43Speaker 03

  Or, "We agreed that I was gonna buy your computer for five hundred dollars," right?

• 55:47Speaker 02

  Whoa, hey, let me wipe it first.

• 55:50Speaker 03

  And then there are some texts to support that, and then he's a witness to our conversation, and then I sent you five hundred dollars and you wrapped it up, something like that.

• 55:58Speaker 02

  Okay.

• 55:58Speaker 03

  But again, why the fuck would you have a verbal contract when you could write it all out on a piece of paper quite easily?

• 56:04Speaker 02

  I do, I-

• 56:05Speaker 03

  Same as like the prenup, it's the same analysis, right? Why would you be in that situation to begin with?

• 56:10Speaker 02

  Uh-huh.

• 56:11H. Foley?

  Yeah, Kevin?

• 56:12Speaker 02

  Yeah.

• 56:13Speaker 03

  You're thinking about your business agreements.

• 56:15Speaker 02

  I'm a very handshake kinda guy. Which?

• 56:19Speaker 03

  No, always you gotta have a agreement. You gotta have agreements. You gotta do it the right way. And it avoids issues. We could write up a little dissolution agreement when we're done with this, okay?

• 56:28Speaker 02

  He's already closing, dude.

• 56:29H. Foley?

  Do you ever eat in the courtroom?

• 56:31Speaker 03

  In the courtroom?

• 56:32H. Foley?

  Yeah.

• 56:32Speaker 03

  Like, hold on, Your Honor, let me just take down this.

• 56:35H. Foley?

  If you got a long trial day and you're there for like eight hours.

• 56:37Speaker 03

  Yeah, so.

• 56:38H. Foley?

  Some almonds or something.

• 56:39Speaker 03

  You know, the good thing about Manhattan is there's great inexpensive quick food everywhere. Chinatown is right next to the bar. So I'll take down some soup dumplings real quick if I have to. But I'll bring, I'll bring something in my bag, almonds or a little protein bar or something.

• 56:52H. Foley?

  You wouldn't bring the dumplings in there, right?

• 56:54Speaker 03

  No, I'm not bringing the dumplings. No, no.

• 56:55Speaker 02

  Is it, is it very much, again, like, go back to like Law and Order, like, the TV shows, like, you walk out and do you like, then have a back and forth with the DA on that big set of stairs?

• 57:04H. Foley?

  Oh, yeah, you guys chop it up?

• 57:05Speaker 02

  Good job, McCoy, I'll see you next time.

• 57:07Speaker 03

  I mean, look, obviously, that's a very glorified version of the events. But 100%, look, you, you know these lawyers, you know the prosecutors, you know the judges, you're there every day. You know, my firm is at least, and you have a rapport with them, right? And, and it's very collegial, it's very professional, so you will say, look, you did a great job. Or, I can't believe this happened at trial or something like that. But no, it's not like the whole world stops and I work down, walk down the steps gracefully and the music plays.

• 57:31H. Foley?

  Yeah, yeah, yeah.

• 57:32Speaker 03

  And everything's perfect.

• 57:33Speaker 02

  Produced by Dick Wolf.

• 57:35H. Foley?

  Are there, are there lawyer bars down there that are nice that you guys like to go to?

• 57:39Speaker 03

  Yes, there are a lot of, so, I, I'm not gonna say they're nice.

• 57:42H. Foley?

  Of course.

• 57:42Speaker 03

  But behind criminal court, there's a few bars that all the court staff, the officers, lawyers, defense lawyers, go on, it's fun, it's crowded, you know, lawyers drink.

• 57:53H. Foley?

  Have you gone?

• 57:53Speaker 03

  Good lawyers drink, good lawyers drink.

• 57:55H. Foley?

  Have you gone after?

• 57:56Speaker 02

  So do bad comedians.

• 57:57H. Foley?

  Have you gone after a long day and sit there and have like a scotch?

• 58:00Speaker 03

  No, are you kidding me?

• 58:01H. Foley?

  Yeah?

• 58:02Speaker 03

  Yeah, of course, come on. And what do you mean, especially if you have, listen, if you're on trial all week and you have a client with you, at the end of the week and he's out or she's out, like, she's not incarcerated, they're gonna wanna have a drink with you.

• 58:13Speaker 02

  Cocktail.

• 58:14Speaker 03

  They wanna spend that time, they wanna connect.

• 58:16Speaker 02

  Have you ever had anybody on house arrest?

• 58:19Speaker 03

  Yeah.

• 58:19Speaker 02

  Yeah, with the, with the.

• 58:20Speaker 03

  That's a federal thing, though, that's not a state, I mean, it exists in the state, but it doesn't practically exist. So on the federal level.

• 58:26Speaker 02

  Really? Well, they got Vinnie with the skinny.

• 58:27Speaker 03

  I have lots of clients on, uh, house arrest on the federal level.

• 58:30H. Foley?

  Is there, do you ever see Michael Clayton?

• 58:32Speaker 03

  Yeah.

• 58:33H. Foley?

  One of my favorite movies.

• 58:34Speaker 03

  Yeah, great. It's a fantastic one.

• 58:35H. Foley?

  That's all I got.

• 58:37Speaker 02

  You wanna go watch it and get a whiskey and some dumplings?

• 58:39H. Foley?

  Are there dudes like that?

• 58:40Speaker 03

  Yeah, absolutely. Listen, there's, there's, the thing-

• 58:42H. Foley?

  He was awesome.

• 58:43Speaker 03

  The thing about-

• 58:44H. Foley?

  He was a fixer.

• 58:44Speaker 03

  Criminal defense lawyers are, they're usually like involved in a lot of things and they know a lot of people. And sometimes you wind up in business with people and different things, all legally, all ethically.

• 58:55H. Foley?

  Sure.

• 58:55Speaker 03

  But you're in, you know, opportunities present themselves, whether it be someone selling a bar, selling a house, X, Y, Z. So, yes, there are people like that. There are people who know the right people to fix a situation or can certainly expedite situations. Same way, I could get bail posted probably quicker than someone else because I do that all the time.

• 59:14H. Foley?

  Yeah.

• 59:14Speaker 03

  And I know the shortcuts to do it.

• 59:16H. Foley?

  Nice. Is there anything you could see at your law firm where you could use a couple of guys like us?

• 59:24Speaker 03

  Listen-

• 59:25Speaker 02

  Put me on-

• 59:26Speaker 03

  There's always opportunities-

• 59:27H. Foley?

  I mean, we're not from the streets or anything like that, but like I said, you know, I, you know, I gotta pass.

• 59:31Speaker 03

  I, I think-

• 59:32H. Foley?

  You know?

• 59:32Speaker 02

  You need a guy to do blow. That's what he's asking.

• 59:36H. Foley?

  No, but, you know, I mean, I know how to handle myself.

• 59:39Speaker 02

  Where?

• 59:40H. Foley?

  I don't know.

• 59:40Speaker 02

  At the dumpling shop?

• 59:43Speaker 03

  I think you both seem really relatable and I think people would relate to you, so-

• 59:47H. Foley?

  I'm talking like CI work.

• 59:48Speaker 03

  Ah, okay, okay.

• 59:49H. Foley?

  Investigate, doing stakeouts.

• 59:51Speaker 03

  Yeah, I, I don't think on my end, but I'm certain that there are opportunities out there. You might wanna check LinkedIn or something, I don't know.

• 59:57H. Foley?

  I do accents.

• 1:00:00H. Foley?

  Alright, Mike, give me the drugs.

• 1:00:03Speaker 02

  I'm watching it. Um, what's, what's the deal with citizens' arrests?

• 1:00:07Speaker 03

  Citizen arrests are, are a nonsense thing that don't really happen. Like, it never happens and good luck trying to arrest someone and being like, "This is a citizen's arrest, okay."

• 1:00:16Speaker 02

  Let me see your hands.

• 1:00:17Speaker 03

  People are getting fucking, like, killed left and right, all over the place. It's a crazy world out there. I would not recommend anyone be like, "Oh, okay, today I'm gonna get my paper badge and do some citizen arrests."

• 1:00:27Speaker 02

  Sure.

• 1:00:28H. Foley?

  What's the lunch situation over at the office? When like a client-

• 1:00:32Speaker 02

  Guys do a big spread?

• 1:00:33H. Foley?

  Yeah, when like, you got a high dollar client, you got a conference room over there, right?

• 1:00:37Speaker 03

  Yeah, yeah, we have two conference rooms.

• 1:00:38H. Foley?

  Alright, let's check one, make sure you have the conference room.

• 1:00:40Speaker 03

  Yeah, that's a, you gotta make sure you have that.

• 1:00:41Speaker 02

  I'm not taking fucking meetings in his office. Fucking my high-end criminal defense attorney better have a goddamn conference room.

• 1:00:48H. Foley?

  You got the spread out, the bagels?

• 1:00:50Speaker 03

  No, we don't really do it like that. If someone's there, we have a kitchen that has some like light refreshments, you know.

• 1:00:56Speaker 02

  You got what kind of water you got?

• 1:00:57Speaker 03

  We got sparkling water, yeah.

• 1:00:58Speaker 02

  What, you do Pellegrino?

• 1:01:00Speaker 03

  We do Pellegrino, yeah, come on. La Croix also.

• 1:01:02H. Foley?

  Really?

• 1:01:03Speaker 03

  Yeah.

• 1:01:04H. Foley?

  We come into the office right now, what do you got?

• 1:01:06Speaker 03

  Pellegrino, La Croix.

• 1:01:09H. Foley?

  What about a snack?

• 1:01:10Speaker 03

  We have some protein bars, some Power RX bars, things like that. We have a lot of chewing gum. We have a lot of chewing gum, lawyers talk a lot, you know, chewing gum. But if you were coming and we're having a real meeting, we may order lunch.

• 1:01:22H. Foley?

  Okay, I'm paying for that though, right?

• 1:01:24Speaker 03

  Well, it depends. It depends on the situation. Sometimes I'm paying, sometimes you're paying.

• 1:01:29H. Foley?

  Do you usually do lunch at the office?

• 1:01:31Speaker 03

  I don't eat lunch.

• 1:01:32H. Foley?

  You're fucking hired, David. This guy's a fucking perminator.

• 1:01:36Speaker 02

  Too busy out of your shape.

• 1:01:36Speaker 03

  I haven't had lunch in 15 years. I don't fuck with lunch.

• 1:01:39H. Foley?

  Yeah, really?

• 1:01:39Speaker 03

  Yeah, no. I'm on the grind until dinner, but then I'm eating a proper dinner.

• 1:01:43H. Foley?

  Did you have breakfast? Do you have breakfast?

• 1:01:44Speaker 03

  Sometimes.

• 1:01:45H. Foley?

  What are you having for, what did you have for breakfast today?

• 1:01:47Speaker 03

  Eggs.

• 1:01:48H. Foley?

  At the house?

• 1:01:49Speaker 03

  At the house.

• 1:01:49H. Foley?

  So you get a, what is, take us through?

• 1:01:52Speaker 03

  Take you into my personal life now.

• 1:01:54H. Foley?

  You're damn, just somebody that's gotta have their shit together.

• 1:01:57Speaker 03

  I have two small kids.

• 1:01:59H. Foley?

  Two small kids?

• 1:01:59Speaker 03

  I have two dogs.

• 1:02:00H. Foley?

  Okay.

• 1:02:01Speaker 03

  So, my house is hectic.

• 1:02:02H. Foley?

  Okay.

• 1:02:03Speaker 03

  So in the morning it's-

• 1:02:04Speaker 02

  What time you getting up?

• 1:02:05Speaker 03

  I get up between five and six.

• 1:02:06H. Foley?

  What time do you go to bed?

• 1:02:08Speaker 03

  Ideally by like 11.

• 1:02:10H. Foley?

  Damn, that's fucking, I'd blow my brains out. If I don't get 19 hours, I'm fucking doozied.

• 1:02:15Speaker 02

  I ain't worth shit.

• 1:02:16Speaker 03

  And I'm on the phone 24/7.

• 1:02:18Speaker 02

  Yeah. Yeah, hey, you have two phones?

• 1:02:20Speaker 03

  I have two phones, I'm on the phone 24/7, so when I do check out, I wanna be off. I don't call me, I don't wanna talk to anybody.

• 1:02:26H. Foley?

  But you have situations where, and I'm sure clients where-

• 1:02:29Speaker 03

  100%.

• 1:02:29H. Foley?

  You're, you're available, are there people you're available to do 24/7?

• 1:02:33Speaker 03

  Yes.

• 1:02:34H. Foley?

  Are we two of them?

• 1:02:35Speaker 03

  Yes.

• 1:02:36Speaker 02

  I emailed you, you didn't get back to me.

• 1:02:37Speaker 03

  The producers, you know?

• 1:02:39Speaker 02

  Sure, okay.

• 1:02:40Speaker 03

  Yeah, but anyway, so when I wake up, I have to deal with the kids and the dogs.

• 1:02:44H. Foley?

  Of course.

• 1:02:45Speaker 03

  So I have a boy and a girl, and they both have to get out of bed.

• 1:02:48H. Foley?

  Right.

• 1:02:48Speaker 03

  Alone could be like a three hour process.

• 1:02:50H. Foley?

  Gotcha.

• 1:02:51Speaker 03

  Then they gotta get dressed, which is like, it's 7 o'clock at this point, okay? It's basically dinner time.

• 1:02:56H. Foley?

  Damn.

• 1:02:56Speaker 03

  And then I gotta get them to- To school, I, I take them to school. That's one of the things I like to do.

• 1:03:01H. Foley?

  Okay.

• 1:03:01Speaker 02

  That's great.

• 1:03:02Speaker 03

  You know, so that, that's a priority for me and I make that a priority every day and I take the dogs when I walk my daughter to school. My son takes the bus and um, it's hectic.

• 1:03:10H. Foley?

  Then you come back and have your eggs?

• 1:03:12Speaker 03

  Uh, no, this was their breakfast. So, I'm making them breakfast and I'm eating, I'm cooking and eating.

• 1:03:17H. Foley?

  Scrambies?

• 1:03:18Speaker 03

  Scrambies, of course, come on.

• 1:03:19H. Foley?

  Cheese?

• 1:03:20Speaker 03

  Depends, sometimes my son doesn't want cheese.

• 1:03:22H. Foley?

  Okay, that's pretty good.

• 1:03:24Speaker 03

  Yeah, come over sometime, I'll make it for you.

• 1:03:26H. Foley?

  I'll never leave, dude, I will never leave. You would have to have like some time in the morning to like, get your shit together, like focus.

• 1:03:33Speaker 03

  Yeah, no, I think you should talk to my wife about that. I think we should talk to her, right?

• 1:03:37H. Foley?

  I'm defending it to your wife.

• 1:03:39Speaker 02

  Um, I got one final question, more of a, do you think the guy in Making a Murderer did it? Did you see that?

• 1:03:45Speaker 03

  I did see that.

• 1:03:45Speaker 02

  And what do you think?

• 1:03:47Speaker 03

  I think he did it.

• 1:03:47Speaker 02

  You think he did it?

• 1:03:48Speaker 03

  Yeah.

• 1:03:49H. Foley?

  Making a murder, the guy that put the, pushing the lady down the steps?

• 1:03:52Speaker 02

  No, that's the staircase. Did you watch that one?

• 1:03:54Speaker 03

  No, I didn't watch that one.

• 1:03:55Speaker 02

  That one's pretty crazy.

• 1:03:56Speaker 03

  No, there's a, listen, true crime right now is at like an all time hot, right? Like people are obsessed, every day there's another amazing story. The Menendez brothers is all over the news.

• 1:04:05H. Foley?

  You think they're gonna get out?

• 1:04:07Speaker 03

  I think they are gonna ultimately get out, yes. I do, I think.

• 1:04:10Speaker 02

  But they're served like thirty years.

• 1:04:12Speaker 03

  Thirty-five years. I think the dynamic has changed, the science of that type of evidence has changed. Abuse of males has changed.

• 1:04:21H. Foley?

  They kinda swept out under the rug when they tried them, right?

• 1:04:23Speaker 03

  Uh, yeah, I think they did and that's a hard balance, you know, like, there's no question that they shot and killed their parents at point blank range, which certainly is an atrocious horrible act and these people suffered immensely.

• 1:04:34H. Foley?

  Like you said, there's some things you, that you, you can't.

• 1:04:37Speaker 03

  Right, exactly. Listen, I'm not one to sugarcoat the thing, but at the same, same time, at the same time.

• 1:04:44Speaker 02

  I love how he's gonna add, there's no, there's no evidence that they did it.

• 1:04:47Speaker 03

  But at the same time, if they were in fact abused, that's a significant driving force to them, you know, and, and that deserves a punishment that's different than just a straight murder, right?

• 1:04:59Speaker 02

  Sure, yeah, you gotta, you gotta take, extenuating circumstances.

• 1:05:02Speaker 03

  That's what, that's what this all is, it's all these variables that are playing.

• 1:05:05Speaker 02

  And massaging it into go this, this led to this, yeah, yeah, yeah. I mean.

• 1:05:10H. Foley?

  What's your favorite steakhouse in the city?

• 1:05:12Speaker 03

  Peter Luger's, obviously.

• 1:05:13Speaker 02

  He's a Luger's, Brooklyn kid.

• 1:05:14Speaker 03

  I'm a Brooklyn kid, I have the menu framed in my office.

• 1:05:16Speaker 02

  Do you really?

• 1:05:17Speaker 03

  Of course.

• 1:05:18Speaker 02

  Why?

• 1:05:18Speaker 03

  Yeah, because I love Luger's.

• 1:05:20Speaker 02

  No shit, what's the order, run me down the order.

• 1:05:23Speaker 03

  Porterhouse medium rare, I don't go, like depending on how many people are at the party, I don't go too big though. That's a rookie mistake. So let's just say you have six people, I only go five.

• 1:05:32Speaker 02

  Porterhouse for five.

• 1:05:33Speaker 03

  Right, because you're never gonna want that much, because you're gonna have the bread with the cocktail, so as you already took down like two pieces of bacon. You got the cream spinach.

• 1:05:41H. Foley?

  I put the onions on those rolls.

• 1:05:42Speaker 03

  The onions, you got the home fries, so I'm already in deep. That's my menu, that's my meal.

• 1:05:47H. Foley?

  What's your cocktail kicking off the dinner?

• 1:05:49Speaker 03

  At a steakhouse, dirty martini, blue cheese olives.

• 1:05:52H. Foley?

  My man. Uh, vodka martini?

• 1:05:56Speaker 03

  Yeah.

• 1:05:56H. Foley?

  Duh.

• 1:05:57Speaker 02

  What kind of vodka?

• 1:05:58Speaker 03

  Tito's. Come on man, I'm Brooklyn, what do you think, I want to be kettle one or something?

• 1:06:02Speaker 02

  I don't know, I can't.

• 1:06:03H. Foley?

  That's my order.

• 1:06:04Speaker 03

  Yeah, of course.

• 1:06:04H. Foley?

  Filthy.

• 1:06:05Speaker 03

  I'm only, I only drink straight booze, like it's either martini, beer, wine.

• 1:06:09Speaker 02

  What's the go-to beer?

• 1:06:11Speaker 03

  I like hazy IPA, because I'm a Brooklyn guy.

• 1:06:13Speaker 02

  Dude, you're a dirtbag, straight kid, that's a lawyer you want.

• 1:06:16Speaker 03

  I gotta tell you, I gotta tell you how it is.

• 1:06:17Speaker 02

  He's got two flower powers in him.

• 1:06:19Speaker 03

  Hazy IPA, delicious, man, I'm not gonna lie.

• 1:06:21H. Foley?

  You doing espresso after dinner?

• 1:06:23Speaker 03

  I don't do any espresso, nothing like that.

• 1:06:24H. Foley?

  You do coffee?

• 1:06:25Speaker 03

  Coffee.

• 1:06:26H. Foley?

  Oh, you drink coffee now?

• 1:06:27Speaker 03

  Yeah, I do a lot of coffee in the morning, and I'm done.

• 1:06:30Speaker 02

  Peel, peel back.

• 1:06:31Speaker 03

  Yeah.

• 1:06:32H. Foley?

  What's your after dinner drink?

• 1:06:33Speaker 03

  Bourbon or something like that.

• 1:06:35H. Foley?

  Remy Martin?

• 1:06:36Speaker 03

  Hmm, no, I would do something.

• 1:06:38Speaker 02

  Remy Martin?

• 1:06:38Speaker 03

  Yeah, Remy Martin is a little bit more like Busta Rhymes or something, okay, I'm not doing Remy Martin. You know, I would do like Bullet Bourbon or something like that.

• 1:06:47Speaker 02

  That's a goddamn, he walks in both worlds.

• 1:06:50Speaker 03

  Yeah, exactly.

• 1:06:51Speaker 02

  Bit of a gentleman, bit of a dirtbag, and I like it.

• 1:06:53Speaker 03

  That's it.

• 1:06:53Speaker 02

  That's who you want.

• 1:06:54Speaker 03

  That's why I knew I'd be home here, that's why I knew.

• 1:06:56H. Foley?

  Are you in a suit, like if you don't have, you know, you don't have court today?

• 1:06:59Speaker 03

  I have court today.

• 1:06:59H. Foley?

  You have court today?

• 1:07:00Speaker 03

  I came here from court.

• 1:07:01H. Foley?

  What?

• 1:07:02Speaker 02

  Yeah, dude, if I had court, I wouldn't do anything for the rest of the week.

• 1:07:05H. Foley?

  That's crazy.

• 1:07:05Speaker 02

  You're going to do a party, and then you gotta go back to court?

• 1:07:07Speaker 03

  No, now I'll go back to my office to deal with more mishaps.

• 1:07:10Speaker 02

  Whatever's happening, yeah.

• 1:07:11Speaker 03

  Yeah, more drama.

• 1:07:11H. Foley?

  Well, let's say you don't have court, are you still?

• 1:07:13Speaker 03

  Every day I'm in a suit, except weekends when I'm, like, with my kids, not in a suit.

• 1:07:19H. Foley?

  Man. Dry cleaned?

• 1:07:21Speaker 03

  Yeah, you have to dry clean them.

• 1:07:22Speaker 02

  Are you washing them at the house?

• 1:07:23Speaker 03

  I don't know, you have to dry clean.

• 1:07:25H. Foley?

  Your dry cleaning bill's probably gonna be pretty-

• 1:07:26Speaker 03

  It's high, it's high.

• 1:07:27Speaker 02

  The company takes care of that.

• 1:07:28Speaker 03

  But I, like I said, I wreck suits. I'm on the street, I'm taking the train all day, I'm going to Rikers, I'm going to jail, I'm not living that high life.

• 1:07:35Speaker 02

  When was the last time you were at Rikers?

• 1:07:37Speaker 03

  Last week.

• 1:07:38H. Foley?

  How do you get there? You don't take the train, do you?

• 1:07:41Speaker 03

  I don't have to take train, I could drive obviously or take a taxi, but it's such a fucking nightmare driving in the city. It's like a five hour journey to get anywhere, so I would sooner take public transportation. But I grew up, I don't mind public transportation, I'm not that guy.

• 1:07:53H. Foley?

  You grew up with it.

• 1:07:54Speaker 03

  Yeah, so it's a little bit of a schlep, you gotta take the F train to Long Island City, then you gotta take the Q101 bus over the bridge to Rikers, but I could be on the phone.

• 1:08:03Speaker 02

  It'll work.

• 1:08:03Speaker 03

  I could do things, yeah.

• 1:08:04H. Foley?

  Man, you're fucking doing it, yeah.

• 1:08:05Speaker 03

  Yeah, I'm in the mood.

• 1:08:06H. Foley?

  This guy's killing it.

• 1:08:06Speaker 02

  Goddamn Superman, this dude.

• 1:08:08H. Foley?

  Jesus Christ.

• 1:08:09Speaker 02

  I love it, dude.

• 1:08:10H. Foley?

  Buddy, Todd Spodek, ladies and gentlemen.

• 1:08:12Speaker 02

  Thank you so much, man.

• 1:08:12H. Foley?

  Premier criminal defense attorney, the Spodek Law Group, over there in Brookler, downtown.

• 1:08:17Speaker 03

  Downtown, at the Woolworth Building, the Woolworth.

• 1:08:20Speaker 02

  It ain't cheap.

• 1:08:21H. Foley?

  It ain't boss calls, baby, I'll tell you that. Buddy, we can't thank you enough for coming.

• 1:08:25Speaker 03

  Thank you so much for having me.

• 1:08:26H. Foley?

  And education.

• 1:08:27Speaker 03

  I appreciate it.

• 1:08:28H. Foley?

  You were absolutely fantastic, we love you. Uh, if you ever need anything from us, our door's always open.

• 1:08:33Speaker 03

  Okay.

• 1:08:33H. Foley?

  And I hope that reciprocates.

• 1:08:35Speaker 03

  Absolutely.

• 1:08:35H. Foley?

  The other way.

• 1:08:36Speaker 03

  Anytime.

• 1:08:36Speaker 02

  Hit me with one of them porterhouses.

• 1:08:39H. Foley?

  Anything you want the folks out there to know?

• 1:08:40Speaker 02

  Plug a website.

• 1:08:41H. Foley?

  Any dates you got coming up you wanna plug?

• 1:08:43Speaker 03

  Listen, I, I think the best thing to take away from this is, if you get jammed up, shut the fuck up.

• 1:08:48Speaker 02

  Shut the fuck up and say, "I'm invoking my," or "Please defend."

• 1:08:51Speaker 03

  You could just say, "Talk to my lawyer," that's it, and give him my number, and we're good, we'll work it out, don't worry.

• 1:08:55Speaker 02

  Love it.

• 1:08:55H. Foley?

  Todd Spodek, I'm all nervous.

• 1:08:58Speaker 02

  Start running out of here.

• 1:08:59H. Foley?

  Flip the table over. Todd Spodek, ladies and gentlemen.

• 1:09:01Speaker 02

  Thank you, brother, appreciate you.

• 1:09:02H. Foley?

  Kepi, you got anything for him?

• 1:09:03Speaker 02

  Uh, no, guys, we're off the road for a little bit. Uh, check out the AYG and Friends show, they're dropping every month on the YouTube page, we love yous.

• 1:09:09H. Foley?

  Okay, we love you, Todd.

• 1:09:11Speaker 03

  I love you too, baby.

• 1:09:12Speaker 02

  See you next week.