Harvey Weinstein Faces Maximum Penalty of Life Sentence From New Charges
The Manhattan District Attorney's Office announced on Monday that Weinstein, 66, was charged with a first-degree criminal sexual act and two counts of predatory sexual assault pertaining to conduct from 2006; the latter charges carry a maximum penalty of life in prison.
July 02, 2018 at 12:52 PM
4 minute read
The original version of this story was published on New York Law Journal
Harvey Weinstein. Photo Credit: AP Photo/John Carucci A third accuser has come forward with allegations that she was the victim of sexual misconduct at the hands of movie mogul Harvey Weinstein. The Manhattan District Attorney's Office announced on Monday that Weinstein, 66, was charged with a first-degree criminal sexual act and two counts of predatory sexual assault pertaining to conduct from 2006; the latter charges carry a minimum 10-year sentence and a maximum penalty of life in prison. The superseding indictment adds to the first- and third-degree rape charges and the first-degree criminal sexual act charges he received in May. The rape charges relate to an alleged victim from 2013 who, like the third victim, remains unnamed. The criminal sexual act charge pertains to an accuser named Lucia Evans, a former aspiring actress who has said Weinstein forced her to give him oral sex in 2004, and who went public with her story. “This indictment is the result of the extraordinary courage exhibited by the survivors who have come forward,” said Manhattan DA Cyrus Vance Jr. in a news release. Assistant Manhattan District Attorneys Joan Illuzzi and Kevin Wilson are leading the prosecution, Weinstein pleaded not guilty to the charges in his first indictment, and intends to plead not guilty to the new charges, said Weinstein's lawyer, Benjamin Brafman of Brafman & Associates. “Mr. Weinstein maintains that all of these allegations are false and he expects to be fully vindicated,” Brafman said in an email. “Furthermore to charge Mr. Weinstein as a predator when the interactions were each consensual is simply not justified.” Weinstein's arraignment on the new charges is scheduled for July 9. The new criminal charges add to an already-long list of legal problems for the disgraced producer, who is also a defendant in at least a dozen lawsuits regarding his alleged sexual misconduct filed in courts in Los Angeles, London and Canada. His production company dropped him just days after The New Yorker and The New York Times published articles about Weinstein's alleged sexual misconduct with scores of actresses and employees—allegations that failed to materialize into criminal charges and, in some cases, were resolved by settlements. In March, New York magazine published an article detailing the investigation in accusations by Italian model Ambra Gutierrez that Weinstein groped her during a meeting at his office. Following the incident, Weinstein sent Gutierrez away with tickets to a Broadway show and she went to the police. New York City detectives had Gutierrez wear a wire to the show, and could allegedly hear Weinstein admitting to the attack. He allegedly admitted to it again in a subsequent meeting between Weinstein and Gutierrez at the Tribeca Grand Hotel, as well as trying to force her into a hotel room. But Vance declined to pursue charges against Weinstein, citing insufficient evidence; legal observers say prosecutors likely would have pursued him on counts of misdemeanor sexual abuse. Police sources told New York magazine that they thought there was a strong case against Weinstein and that Vance's ADAs were apparently trying to scuttle the investigation. Following publication, Gov. Andrew Cuomo issued a rare executive order directing the New York Attorney General's Office to investigate how Vance's staff handled the Gutierrez matter. A spokeswoman for the Attorney General's Office did not immediately respond to a request for comment on Monday as to whether the investigation is still underway, but following the issuance of Cuomo's order, the office said it would conduct a limited review of Vance's handling of the case until his investigation is complete. Jeanne Christensen, a partner at Wigdor who represents plaintiffs in a proposed class action against Uber Technologies Inc. claiming that the ridesharing service failed to protect women from sexual assault and who is not involved with the Weinstein case, said Weinstein's highly publicized arrest in May was a “big moment” for women—it showed that public institutions are taking allegations of sexual assault seriously, she said, and may hearten other accusers to come forward. “I would have to think that this might not be the last one that we hear about,” Christensen said.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllHunter Biden Sues Fox, Ex-Chief Legal Officer Over Mock Trial Series
Disbarred NJ Attorneys Can Seek Reinstatement, Marking Shift in Decades-Old Policy
4 minute readTrending Stories
- 1The Law Firm Disrupted: Playing the Talent Game to Win
- 2GlaxoSmithKline Settles Most Zantac Lawsuits for $2.2B
- 3Preparing Your Law Firm for 2025: Smart Ways to Embrace AI & Other Technologies
- 4BD Settles Thousands of Bard Hernia Mesh Lawsuits
- 5Partner Cuts: The Grim Reality of Post-Merger Integration
Who Got The Work
Eleanor M. Lackman of Mitchell Silberberg & Knupp has entered an appearance for Canon, the Japanese camera maker, and the Brooklyn Nets in a pending trademark infringement lawsuit. The case, filed Sept. 16 in California Central District Court by T-Rex Law on behalf of technology company Phinge Corporation, pursues claims against the defendants for their ongoing use of the 'Netaverse' mark. The suit contends that the defendants' use of the mark in connection with a virtual reality platform will likely create consumer confusion. The case, assigned to U.S. District Judge Consuelo B. Marshall, is 2:24-cv-07917, Phinge Corporation v. Yankees Entertainment and Sports Network, LLC et al.
Who Got The Work
Fox Rothschild partner Glenn S. Grindlinger has entered an appearance for Garage Management Company in a pending lawsuit over alleged wage-and-hour violations. The case was filed Aug. 31 in New York Southern District Court by the Abdul Hassan Law Group on behalf of a manual worker who contends that he was not properly compensated for overtime hours worked. The case, assigned to U.S. District Judge Analisa Torres, is 1:24-cv-06610, Bailey v. Garage Management Company LLC.
Who Got The Work
Veronica M. Keithley of Stoel Rives has entered an appearance for Husky Terminal and Stevedoring LLC in a pending environmental lawsuit. The suit, filed Aug. 12 in Washington Western District Court by Kampmeier & Knutsen on behalf of Communities for a Healthy Bay, seeks to declare that the defendant has violated the Clean Water Act by releasing stormwater discharges on Puget Sound and Commencement Bay. The case, assigned to U.S. District Judge Benjamin H. Settle, is 3:24-cv-05662, Communities for a Healthy Bay v. Husky Terminal and Stevedoring LLC.
Who Got The Work
Caroline Pignatelli of Cooley has entered an appearance for Cooley, partner Matt Hallinan, retired partner Michael Tu and a pair of Cooley associates in a pending fraud lawsuit related to the firm's representation of startup company Carbon IQ and founder Benjamin Cantey. The case, filed Sept. 26 in New Jersey District Court by the DalCortivo Law Offices on behalf of Gould Ventures and member Jason Gould, contends that the defendants deliberately or recklessly concealed critical information from the plaintiffs regarding fraud allegations against Cantey. Gould claims that he would not have accepted a position on Carbon IQ's board of directors or made a 2022 investment in the company if the fraud allegations had been disclosed. The case, assigned to U.S. District Judge Robert Kirsch, is 3:24-cv-09485, Gould Ventures, LLC et al v. Cooley, LLP et al.
Who Got The Work
Attorneys from Skadden, Arps, Slate, Meagher & Flom have stepped in to represent PDD Holdings, the operator of online marketplaces Pinduoduo and Temu, in a pending securities class action. The case, filed Sept. 30 in New York Eastern District Court by Labaton Keller Sucharow and VanOverbeke, Michaud & Timmony, contends that the defendants concealed information that rendered the growth of PDD unsustainable and posed substantial risks to PDD’s business, including merchant policies that made it unprofitable for vendors to do business on PDD platforms; malware issues on PDD applications; and PDD’s failure to implement effective compliance systems. The case, assigned to U.S. District Judge Pamela K. Chen, is 1:24-cv-06881, Macomb County Retiree Health Care Fund v. Pdd Holdings Inc. et al.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250