High-profile lawyer to again defend ex-PurchasePro boss

The former attorney for Monica Lewinsky represented the former chief executive officer of PurchasePro.com in his first criminal trial, but the attorney for O.J. Simpson will represent the former CEO in his second trial in October.

Yale Galanter, the Fort Lauderdale, Fla.-based attorney for former football star Simpson, is representing Johnson in a second trial over fraud at PurchasePro.com, a Las Vegas-based Internet commerce company that filed for bankruptcy in 2002.

For several years, Galanter has represented Simpson, who was acquitted of murder but found liable in a civil trial in the death of his former wife and her friend.

Most recently, Galanter represented Simpson in connection with disputes over an aborted book that would have told how Simpson, had he wanted to do so, would have killed his wife and her friend. It was called: "If I Did It." Galanter also has worked as a legal analyst on Court TV.

Johnson is accused of white-collar crimes at PurchasePro, which conducted auctions on the Internet for companies seeking to buy supplies. The company also sold licenses for its auctioning software to corporate clients.

After PurchasePro collapsed, federal prosecutors obtained an indictment, accusing executives at America Online and PurchasePro of conspiring to cook the financial books at PurchasePro and to mislead investors about PurchasePro stock.

Johnson, a founder of PurchasePro, is charged with conspiracy, making false statements to auditors, two counts of wire fraud and tampering with witnesses.

U.S. District Judge Walter Kelley Jr. in October began a criminal jury trial of Johnson and three other defendants at an Alexandria, Va., courthouse known as the "rocket docket" because of its reputation for fast, efficient trials.

Representing Johnson was Preston Burton, former attorney for Lewinsky, the former White House intern who had a sexual relationship with former President Clinton.

Johnson, a former dot-com billionaire, appeared to be a difficult defendant to represent. The former PurchasePro executive spoke freely with reporters and approached a Review-Journal reporter during trial breaks to argue his innocence in the case.

For reasons that have been kept secret, the judge in November declared a mistrial in Johnson's case and allowed Burton to withdraw from the case. Criminal defense lawyers say it is rare for a judge to allow a defense attorney to withdraw after a trial has begun.

The other three defendants in the jury trial later were acquitted, as were two other defendants, but five defendants pleaded guilty to federal offenses.

Assistant U.S. Attorney Charles Connolly was one of the lead prosecutors in the first trial, but he has been replaced for Johnson's new trial.

Assistant U.S. Attorney Stephen Learned and Assistant U.S. Attorney Tim Belevetz are representing the government in Johnson's second trial.

Learned served as associate independent counsel under independent counsel Kenneth Starr in the 1990s Whitewater investigation that focused on then-President Clinton and then-first lady Hillary Rodham Clinton. The Clintons invested in an Arkansas real estate firm called Whitewater Development Corp. with friend James McDougal, who owned Madison Savings & Loan Association, which failed. McDougal was convicted of fraud and conspiracy and died in prison.

Johnson was without an attorney for a long time after the mistrial but he told the judge that he was ready for trial in October. About six weeks ago, Galanter agreed to represent Johnson.

Galanter represented Johnson previously but his representation was ended after Galanter spent about 18 months on the case.

Galanter said he'll be ready for the next trial.

"I'm the only guy in the country who could be ready for the October trial date," Galanter said. "There are hundreds of witnesses. There are over 6 million documents."

Galanter, who previously called Johnson "a corporate American hero," said he still believes his client is innocent of wrongdoing.

The defense attorney contrasted Johnson with other white collar defendants accused of taking corporate money for their own benefit.

"Junior took every penny of his money, every penny of his family's money and put it back into PurchasePro," Galanter said. "He is the essence of what we want our corporate leaders to be."

There has been evidence, however, that Johnson borrowed money from a stock brokerage using PurchasePro stock as collateral.