Thank you for sharing!

Your article was successfully shared with the contacts you provided.
LOS ANGELES � Steven Schulman, the former partner of Milberg, Weiss & Bershad who resigned last year while facing criminal charges, filed two motions on Friday to dismiss several of the counts against him. Schulman was indicted about a year they made $216 million in attorney fees by paying $11.3 million in secret and illegal ago, along with his former firm and one of its partners, David Bershad, on allegations that kickbacks to lead plaintiffs. “The two separate motions filed today by the attorneys for Mr. Schulman demonstrate that the government’s case is fatally flawed,” said Sam Singer, a spokesman for Schulman. Thom Mrozek, a spokesman for the U.S. Attorney’s Office for the Central District of California, which is prosecuting the case, declined to comment. In his first motion, Schulman seeks to dismiss several counts alleging he deprived class members in several securities cases of honest services through secret and illegal arrangements with plaintiffs. His motion addresses only the allegations involving securities cases filed in Delaware in which Howard Vogel, or one of his family members, served as a lead plaintiff. Last year, Vogel pleaded guilty to making false statements in court related to the alleged kickbacks. In the motion, Schulman claims the alleged arrangements with lead plaintiffs caused no economic harm to the class because they did not affect the amount of the settlements and the defendants, not the class members, paid the awarded attorney fees. Schulman also claims that the plaintiffs could not have received kickbacks, as alleged, because they did not have the power or authority to change the outcome of the cases. Finally, he argues, the state of Delaware, not the federal government, should handle matters involving attorney conduct and ethics. “If honest services fraud were imported into this arena, any ethical violation by an attorney that involves ‘deceptive’ conduct may be criminalized as federal mail or wire fraud,” he says in the motion. In his second motion, Schulman seeks to dismiss several of the counts against him on grounds that the government’s case involves multiple conspiracies, many of which do not involve allegations.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.