Harvey Newkirk, the former Bryan Cave counsel charged in a fraud scheme to buy Maxim magazine, testified in his own defense Friday, telling jurors he was distracted during the deal because his wife and baby were in the hospital. He also indicated he had reason to believe lenders were being told the truth about the deal.

The Southern District U.S. Attorney’s office claims Newkirk took part in a scheme to fraudulently induce lenders to provide millions of dollars for the Maxim deal. Calvin Darden Jr., has pleaded guilty to the scheme in which he impersonated his father, business executive Calvin Darden Sr.