White-Collar Crime

Matthew Kluger

There’s no contest today for Lawyer of the Day honors. The clear winner is Matthew Kluger, a former associate at three leading law firms, who has been charged in a massive insider trading case. Kluger stands accused of reaping more than $32 million in profit over the course of a 17-year conspiracy, which also allegedly involved a trader, Garrett Bauer. (Kluger and Bauer might not be as big as Raj Rajaratnam, who’s pretty hefty, but their supposed scheme is nothing to scoff at.)

The charges were filed by Paul Fishman, U.S. Attorney for New Jersey (disclosure: my former office). Fishman claims that Matt Kluger passed along insider information that eventually made its way, via an unnamed co-conspirator, to Garrett Bauer, who traded on it. According to the complaint, Kluger and Bauer invested more than $109 million in the scheme, which yielded profits of more than $32.2 million.

Where did Kluger allegedly obtain the inside information? From the three Biglaw firms where he once worked on M&A deals….

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How can you be a happy lawyer?

* Is concern for “privacy” simply a justification for censorship on the internet? Some thoughts from a lawyer for Google. [Peter Fleischer: Privacy...? via Kashmir Hill / Forbes]

* What’s the secret to lawyer happiness? And no, it doesn’t involve illegal drugs or porn stars (Charlie Sheen isn’t a lawyer). [Slaw via Legal Blog Watch]

* Want to start your own law blog? Read this interesting interview with BL1Y (a regular in the ATL comments section). [Lawyerist]

* Superstar criminal defense lawyer John Dowd, the Akin Gump partner who successfully got Monica Goodling (among many other clients) out of legal trouble, offered a rousing defense of Raj Rajaratnam today. [Dealbreaker]

Jonathan Bristol

* Ex-Winston & Strawn partner Jonathan Bristol, former counsel to money manager / fraudster Kenneth Starr, has reached a plea agreement with S.D.N.Y. prosecutors. [New York Law Journal via Summary Judgments]

* Elsewhere in Ken Starr news, it seems that some celebs are getting hit with IRS tax liens as a result of their ties to him. [TaxProf Blog]

* Congratulations to a 3L at Harvard Law School, Nneka Ukpai, who trounced the prosecution at trial and won an acquittal for her client. [Yolanda Young / On Being a Black Lawyer]

* Congratulations to a 3L at NYU Law and future S.D.N.Y. law clerk, Eli Northrup, who belongs to a hip-hop band called Pants Velour — which has, in the words of our tipster, “captured the magic of Charlie Sheen as only music can.” [YouTube]

* This week, A Round Tuit includes a nice round-up of opinions on the Supreme Court’s recent ruling in the Westboro Baptist Church case (Snyder v. Phelps). [Infamy or Praise]

Irving Picard

Rack up another win for trustee Irving Picard, the partner at Baker Hostetler who’s cleaning up the Bernard Madoff mess. On Friday, Picard and Preet Bharara, the headline-making U.S. attorney for the Southern District of New York, announced a $7.2 billion settlement with the estate of Jeffry Picower (no it’s not spelled “Jeffrey”).

Picower, a successful investor and prominent philanthropist, earned billions — both real, through investing with Goldman Sachs, and fictional, through investing with Madoff — before he died in October 2009. Picower was found dead in the swimming pool of his home in Palm Beach, apparently after suffering a heart attack (a plot device familiar to viewers of Brothers & Sisters and The OC). If he had held on until January 2010, Picower would have avoided the estate tax.

Of the $7.2 billion settlement, $5 billion will go to Picard, to settle the complaint he filed against Picower in bankruptcy court, and $2.2 billion will go to the Department of Justice — the largest civil forfeiture payment in U.S. history. All of this money will eventually find its way to qualifying Madoff victims.

Based on monies collected to date, what kind of recovery might Madoff’s victims be looking at?

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Back in June, we wrote about an amusing effort by Winston & Strawn to rewrite history. The firm edited an historical press release to omit all mention of sketchy lawyer Jonathan Bristol, who joined Winston as a partner from Thelen.

Now Winston has even more reason to be embarrassed by its former partner. Earlier today, Jonathan Bristol was both sued by the SEC, for aiding and abetting fraud, and arrested on federal criminal charges, for money laundering. The civil suit and criminal charges arose out of Bristol’s legal work for Kenneth Starr — no, not the former Whitewater independent counsel, but the money manager to the stars who stole money from his celebrity clients.

(Interestingly enough, Ken Starr the fraudster — he’s pleaded guilty, so no need for “alleged” here — is also a lawyer. He graduated from Brooklyn Law School.)

The indictment against Jonathan Bristol, brought by prosecutors in the Southern District of New York, has some juicy details. For example: How much did Bristol earn while at Winston?

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Mark Madoff, R.I.P.

Mark Madoff, the oldest of Bernard Madoff’s two sons, committed suicide on Saturday, by hanging himself in his Manhattan apartment. Saturday was a significant day: the second anniversary of Bernie Madoff’s arrest for running a multibillion-dollar Ponzi scheme.

Mark Madoff’s lawyer, prominent Paul Weiss partner Martin Flumenbaum, issued a statement yesterday: “Mark Madoff took his own life today. This is a terrible and unnecessary tragedy…. [Mark Madoff was] an innocent victim of his father’s monstrous crime who succumbed to two years of unrelenting pressure from false accusations and innuendo.”

Flumenbaum wasn’t the only powerful Paul Weiss personage named “Martin” with involvement in this case. Mark Madoff’s body was actually found by legendary litigator Martin London, a longtime partner at the firm who is now of counsel at PW.

As noted on his Paul Weiss website bio, “[t]he gamut of Mr. London’s successes is vast.” But his experience is primarily on the civil side, with occasional forays into white-collar criminal work. His docket generally doesn’t include violence and death; he’s not the kind of lawyer who sees dead people (e.g., a homicide prosecutor).

So how did Marty London come to find Mark Madoff’s body?

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You know how violent felons treat pedophiles particularly bad in the prison system? I wonder if fraudsters reserve special scorn for people who use their disabled children as part of the scam? A former partner at Morrison & Foerster may soon find out. He’s been arrested for defrauding the state of California out of hundreds of thousands of dollars by way of scam utilizing his autistic kid. The San Francisco Chronicle reports:

A former partner at a well-known law firm and his marketing consultant wife were arrested Wednesday on felony charges of bilking the San Francisco school district and private insurers out of about $400,000 via fraudulent bills for treatment of their autistic son, officials say.

The San Francisco couple, Jonathan S. Dickstein and Barclay J. Lynn, both 43, surrendered Wednesday and are expected to appear in court this morning for arraignment on 30 counts of fraud, theft and conspiracy, authorities say.

We can and will blame the alleged perpetrators of this fraud. But where was the government oversight?

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Victims of what anti-law-school bloggers have dubbed “the law school scam” might argue that working for a law school, or at least the kind of law school that saddles students with debt and can’t get them jobs, is closer to a crime than community service. There is certainly an argument that law professors who aren’t part of the solution are part of the problem.

But the notorious William Lerach, the securities plaintiffs’ lawyer turned convicted felon, believes that law teaching is a noble calling — and wants the community service credit to show for it….

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Be not deceived; God is not mocked: for whatsoever a man soweth, that shall he also reap.

The Washington Post reports:

Three years into his own scheme of dipping into clients’ funds, Maryland malpractice lawyer Bradley Schwartz received an e-mail from a man claiming to represent a manufacturing company in Singapore, offering him legal work…

What happened next, according to Montgomery County prosecutors, is that the scammer got scammed.

Schwartz pleaded guilty and now awaits sentencing. Oh, it is sweet when a thief gets his just reward…

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The financial services boutique of BuckleySandler, which launched just a little over a year ago, is expanding at a rapid clip. At the time of launch, it had about 50 attorneys (most of them from the firm formerly known as BuckleyKolar); now it’s approaching 100.

The two latest hires are noteworthy. From the BLT:

BuckleySandler is continuing its push to recruit top-level lateral partners. Today, the firm brought on David Krakoff, who previously co-chaired Mayer Brown’s white collar litigation practice, and Christopher Regan, also a former Mayer Brown partner.

Let’s learn a little more about them, shall we?

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Bad boys, bad boys, whatcha gonna do? Left to right: John Michael Farren, Scott Rothstein, Michael Margulies.


For some reason, today brings lots of news about lawyers and the criminal justice system. And we’re not talking about lawyers representing clients, but lawyers who are the clients: John Michael Farren, the former White House lawyer accused of attempting to murder his wife; Scott Rothstein, the Florida attorney who ran a massive Ponzi scheme; and Michael Margulies, the former Lindquist & Vennum partner who misappropriated millions in client money. We’ve decided to hit this rogues’ gallery in a single, omnibus post.

Let’s start with John Michael Farren, the former Bush Administration lawyer and Xerox general counsel charged with attempted murder and first-degree strangulation of his wife, Skadden counsel Mary Margaret Fadden. As reported by the ABA Journal, John Farren has posted $750,000 bail and been released to the “Institute of Living” — which sounds like a fancy spa where you eat seaweed and do yoga, but is actually a mental hospital in Hartford.

The news coverage also reveals that the wealthy couple’s divorce has been finalized. How were their millions distributed?

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