TB, I gave a little answer on this in the other thread. Yes, they were taped advising Gotti et al on illegal activity in order to advance a criminal enterprise. Disqualification is still considered by many as a dubious action, but I think one angle of the court was that under the circumstances Cutler couldn't give his client proper representation. As for Cutler's prosecution, I suppose they could, but I'm not sure how they would approach that. I think there's some fine lines there.