The racketeering case against Best Buy and Microsoft has taken an ugly turn. An attorney for Best Buy has admitted to altering emails that were to be used as evidence in the case. If you're new to this class action lawsuit, Microsoft is accused of paying Best Buy to collect and use customer's credit card information without their permission, signing them up for "free trials" of MSN that they didn't want and or weren't aware existed. When the free trial period was up, MSN began to bill them without their knowledge or consent. A former Best Buy employee wrote in to confess to pulling this sort of scheme on customers, if you're looking for more detail on how it all worked.

Now Best Buy's lawyer has confessed to altering documents in the case and has been put on medical leave.

From Law.com:
In a May 24 motion received by a San Francisco Bay Area plaintiffs lawyer involved in the case, Minnesota-based Robins, Kaplan, Miller & Cerisi says partner Timothy Block had been placed on an indefinite medical leave. The day after he stopped working, he informed the firm "that he had redacted and altered documents that he later produced to plaintiffs in this matter."

The motion adds that the defense firm had been informed by Block's attorney that he had self-reported his actions to the Minnesota Board of Professional Responsibility.

Richard Thomas, a partner at Minnesota's Burke & Thomas, said Friday that he is representing Block in dealing with the state's professional ethics board. He did not say much about his client's actions, but did offer that "he's being treated now for psychological conditions related to stress and depression."

He was not aware of any wrongdoing on the part of the firm, he added.

The plaintiffs attorney in the class action, Daniel Girard of San Francisco's Girard Gibbs, said a Washington state judge has already granted Best Buy a stay in the litigation. Robins Kaplan's withdrawal motion will be heard June 22, he added.
The Associated Press writes:
Block reported his wrongdoing to Minnesota's Board of Professional Responsibility as well as the three other states where he is licensed to practice, and is on medical leave for stress and depression, said his attorney, Richard Thomas.

The altered documents are limited to two e-mails and one memo, Thomas said. The documents have not been publicly released in the case.

Asked why Block falsified the documents, Thomas said, "I don't know that even he can tell you that. ... I don't think he is going to claim his actions were motivated by Best Buy."

But given the extent of Best Buy's foot-dragging regarding document production in the case, Terrell and another attorney for the plaintiffs, Dan Girard of San Francisco, wondered aloud whether Block felt pressured by the company to withhold or redact documents that could prove damaging. A senior partner at Block's firm, Elliott Kaplan, is a corporate officer and director at Best Buy.

"Best Buy has been violating court orders willfully. This is sort of the last step," Terrell said.
This case has been hanging around since 2003 and it looks like it's going to hang around a little longer. —MEGHANN MARCO

They shall not dwell in the LORD's land; but Ephraim shall return to Egypt, and they shall eat unclean things in Assyria. They shall not offer wine offerings to the LORD, neither shall they be pleasing unto him: their sacrifices shall be unto them as the bread of mourners; all that eat thereof shall be polluted: for their bread for their soul shall not come into the house of the LORD. What will ye do in the solemn day, and in the day of the feast of the LORD? For, lo, they are gone because of destruction: Egypt shall gather them up, Memphis shall bury them: the pleasant places for their silver, nettles shall possess them: thorns shall be in their tabernacles. The days of visitation are come, the days of recompence are come; Israel shall know it: the prophet is a fool, the spiritual man is mad, for the multitude of thine iniquity, and the great hatred. The watchman of Ephraim was with my God: but the prophet is a snare of a fowler in all his ways, and hatred in the house of his God. They have deeply corrupted themselves, as in the days of Gibeah: therefore he will remember their iniquity, he will visit their sins. I found Israel like grapes in the wilderness; I saw your fathers as the firstripe in the fig tree at her first time: but they went to Baalpeor, and separated themselves unto that shame; and their abominations were according as they loved. As for Ephraim, their glory shall fly away like a bird, from the birth, and from the womb, and from the conception. Though they bring up their children, yet will I bereave them, that there shall not be a man left: yea, woe also to them when I depart from them! Ephraim, as I saw Tyrus, is planted in a pleasant place: but Ephraim shall bring forth his children to the murderer. Give them, O LORD: what wilt thou give? give them a miscarrying womb and dry breasts. All their wickedness is in Gilgal: for there I hated them: for the wickedness of their doings I will drive them out of mine house, I will love them no more: all their princes are revolters. Ephraim is smitten, their root is dried up, they shall bear no fruit: yea, though they bring forth, yet will I slay even the beloved fruit of their womb.