Lerach to Plead Guilty
Famed class action attorney William Lerach is set to plead guilty in Los Angeles to one count of conspiracy related to payments to representative plaintiffs in cases filed by his former firm, Milberg Weiss. The long-running investigation of the firm has picked up steam in the past few months as former name partner David Bershad entered a guilty plea that outlined how he maintained a cash fund drawn from contributions from other Milberg Weiss partners that was used to make secret payments to the plaintiffs. In late August, Lerach announced his retirement from his new firm, Lerach Coughlin, in which he acknowledged "my mistakes" and said that the investigation would end soon, which apparently it will for him (see earlier post here). According to a Bloomberg article (here), the plea agreement does not include a cooperation provision, which likely means Lerach will not be called on to testify against the firm or another former named partner who remain under indictment. The agreement calls for a prison sentence of one to two years and an $8 million fine. A key question now is whether prosecutors will bring a case against Melvyn Weiss, who along with Lerach has been the recent focus of the federal investigation. (ph)
http://lawprofessors.typepad.com/whitecollarcrime_blog/ In his plea agreement, Mr. Lerach acknowledges making secret payments to Dr. Steven G. Cooperman, and acknowledges that others received payments from other partners of Milberg Weiss. These individuals were generally promised 10 percent of the attorneys’ fees received by Milberg Weiss. The payments were kept secret from the courts overseeing the class actions, and the named plaintiffs who received the kickbacks made false statements under oath concerning the payments.
Dr. Cooperman, a former eye doctor in Beverly Hills, Calif., pleaded guilty in July to accepting $6.1 million in secret kickbacks for serving as a lead plaintiff in securities lawsuits filed by Milberg Weiss, a New York investor class-action law firm. His sentencing is set for June 30, 2008.
http://www.nytimes.com/2007/09/18/business/18lerach.html?ex=1347768000&en=80e2237c95bb6473&ei=5088&partner=rssnyt&emc=rssJudge for yourself as to how wrong it is to keep money from him. What Lerach did was wrong and against the law. It is a matter of attorney's ethics. I may be wrong, but I don't find and accusations of misrepresenting evidence other than regarding payments to individuals who were plaintiffs in his many, many stockholders' lawsuits.
You must view this with the understanding that the right-wing conservatives have sought to undermine consumers' rights by intimidating lawyers who fight on behalf of consumers. I am not associated with any of Lerach's cases or his law firm, so I have no personal interst in this. I do not know much about the charges against him beyond what you are reading.
His "crimes" do not compare, however, to those of Ken Lay or many, many of the donors to Republican campaigns. Based on my general knowledge about the legal milieu, I know that Lerach and his firm were extremely successful in many lawsuits against corrupt big businesses. I think it is a stretch to criticize Edwards for supporting a lawsuit against Enron just because it was brought by Lerach even if Lerach was a donor to Edwards. I think many of us might also have supported the lawsuit if we knew more about it.
Here is a discussion of a lawsuit against Enron from the plaintiffs' point of view:
# As a result of the massive fraud at Enron, shareholders lost tens of billions of dollars. Many Enron executives, Enron’s accounting firm and certain bank officials were indicted.
# Andrew Fastow, Enron’s now-imprisoned former finance chief, testified that many of the banks’ transactions were contrived, deceptive deals done solely to create the false appearance of profits and cash flow.
# Internal Enron documents and testimony of bank employees detailed how the banks engineered sham transactions to keep billions of dollars of debt off Enron’s balance sheet and create the illusion of increasing earnings and operating cash flow. For example:
http://www.enronfraud.com/ The University of California today (June 11) joined dozens of state Attorneys General, many of the nation’s largest pension funds, leading academic experts, consumer groups and professional organizations to file friends-of-the-court briefs with the U.S. Supreme Court in support of investor protections.
“The evidence clearly proves that these financial institutions were active, knowing and crucial participants in the Enron fraud – they were not innocent bystanders,” said Charles Robinson, the University’s general counsel. “For victims of one of the most egregious corporate frauds in history, we are simply asking for our day in court.”
The Supreme Court, in either the Enron case or the case of Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc. (No. 06-43), will soon determine whether secondary actors that knowingly commit fraud can be held liable for their actions. The briefs addressing this question – a concept known as “scheme liability” – were filed today in support of the plaintiffs in the Stoneridge case.
http://www.universityofcalifornia.edu/news/2007/jun11.html