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Lindsay's Lawyer Makes Move to Reduce Charges

4/21/2011 3:05 PM PDT BY TMZ STAFF

Lindsay Lohan's lawyer is now armed and potentially dangerous to the prosecution in her felony grand theft case -- after bringing an expert to the cop shop to appraise the necklace Lindsay allegedly stole.

042111_shawn_holley_video

Shawn Holley just left Parker Center -- the headquarters of the LAPD -- where she brought an appraiser to examine the necklace.  Kamofie & Company set the price of the item at $2,500, but as TMZ first reported, they bought the piece for just $850.

 If the necklace is worth less than $950, the case cannot be filed as a felony but rather as a misdemeanor -- which would be a huge break for Lindsay.

Holley is expected to raise the issue in court Friday, when Lindsay's preliminary hearing is set to begin.


316 COMMENTS

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76.

lou    

That's an interesting theory, PP. Have no idea if it would fly, legally, but I wouldn't put it past SCH to try it as an excuse.

And being Lindsay's attorney, it is her job to try to get Lindsay off. But it certainly doesn't look good for her to do it. In terms of her career, Lindsay might be better off taking the felony charge and dealing with it, instead of trying to get it reduced to a misdemeanor, because so many people will resent her for it and retaliate at the theater. Something like the saying, "Better to get a slow nickle than a fast buck."

1219 days ago
77.

Squirtle    

Message to Lilo.

Grow up already! An expert told you to grow up! So why the hell wont you grow the hell up? Are you really that egotistical? Are you really that dumb?

Message to TMZ.
How in the world would this thing fly? Isn't the court the one party who assigns these experts? How can a defense do such thing? It is starting to look like TMZ is California law. I mean, why post these pointless news? You guys are probably hoping that Lilo will bust out, right?

Message to Harv.
You only have news about CS and LL. How about something interesting? Oh, yeah right, like you could provide interesting gossip. The way I see it, you are stuck to your sources aka Dina and Shawn and Bree. Dude I am sure there is better way to get to Lilo than with using her mom, who is going to be dead within a year anyways.

Follow me on Twitter. http://twitter.com/JasminB2

1219 days ago
78.

Brian B.    

I don't understand why this is even being brought up again! This line of defense is LAME.

1219 days ago
79.

lou    

Time to call up the vet and find out what's what with my sick, old dog. I hate to think that it's "that" time but it may be. And he's been such a good and loyal companion. Poor guy.

1219 days ago
80.

the Seeker    

Lou,
Hi hunny
Milo operated a illegal "boiler room" operation to swindle old folks out of their hard earned retirements securities fraud I think it was??

1219 days ago
81.

sean    


This is what TMZ is dealing with:

* In 1987, Lohan was president of his firm, New York Futures Traders, Inc. (Traders), a commodities futures broker. In that year, Lohan and Traders settled a civil action in the United States District Court for the Eastern District of New York, brought against them by the Commodities Futures Trading Commission (Commission), which alleged that Lohan and Traders had defrauded their customers of approximately $130,000 and had solicited investments in commodities futures without being registered with the Commission.


Upon the consent of the parties, the district court entered a broad and detailed injunction against Lohan and Traders. Commodities Futures Trading Commission v. New York Futures Traders Inc., No. CV-86-0770 (E.D.N.Y. Apr. 1, 1987) (the April 1987 injunction). In addition to barring Lohan and Traders from violating various provisions of the Commodities Exchange Act, the April 1987 injunction enjoined them from "[c]heating or defrauding, or attempting to cheat or defraud, any person" in connection with any commodities futures transaction, and specified particular fraudulent practices that the provisions covered, such as "[c]onverting customer funds to their own use" and making "false, deceptive and misleading" oral statements to customers.
4

At about the same time, the State of New York instituted a criminal prosecution of Lohan for grand larceny and securities fraud, based on the same facts .

Shortly after his release from custody on the New York conviction, Lohan changed his name to "Michael Desiderio" and incorporated a new firm, Donateco, Inc. (Donateco), of which he was the chief executive officer. In the Fall of 1988, the Commission, based upon information received from a Donateco customer, opened a new investigation into Lohan's activities, and instituted a new civil action against Lohan and Donateco. The Commission's investigation revealed that Lohan had operated Donateco as a commodities broker in Florida and had engaged in other activities prohibited by the April 1987 injunction.

1219 days ago
82.

ketjo    

Besides that didn't that last judge warn Lindsey and her lawyer not to be using the media as a tool in this case. And here they are again and again.....and you know they will notice this as the judge mentioned TMZ as a example and it stand to reason they will be watching to see if see took that advice.....
Either she is this stupid or she just don't give a dam what he said .......I don't think she gives a dam ...

1219 days ago
83.

Pony Princess    

nah, ketjo
I posted it and thought it went to the old thread. so I cut/copied and posted to this one. Then I saw they were both here.
Go Figure, too much floor cleaning solution for me today (smile)

1219 days ago
84.

Pony Princess    

lou, it is an interesting premise....go after someone not deserving a felony because the retailer got rooked.
I think SCH is pretty crafty and can figure out many ways to try to get her client off or on reduced charges. Even if SCH has to then fight LL for being paid, the advertising for others to be her clients is priceless. IMO. If nothing else, this thing with LL keeps Holley's name in the press and people are starting to feel for SCH. Always good.

1219 days ago
85.

Pony Princess    

I'm so sorry, lou. Hope there's more time left for you and your dog.

1219 days ago
86.

janet    

Shawn Holley is doing her job. Let's see if this judge has had enough.

A trial would be too costly to the tax payers as Lohan is fully aware of, and just another slap on the hand.

1219 days ago
87.

D    

Yeah. What everyone else said. The jeweler can charge whatever he wants for it, doesn't matter what he bought it for.

1219 days ago
88.

ketjo    

Pony Princess,

Lordy a woman who still cleans floors....I give it up about the time I slipped and took my knee out , now hubby does the floors.....heehee.......wished I had thought of that 30 yrs ago.......

1219 days ago
89.

D    

Lou, just read your post regarding your doggy. Hang in there! Hopefully you'll get good news.

1219 days ago
90.

Pony Princess    

ketjo,
I'm too ornery a person to have a hubby. So that means I either live with dirty floors or I clean them.

1219 days ago
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