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Ex-Latham partner defrauded clients and firm

Author: Anthony Lin

Published: 31/03/2008 11:46

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A former Latham & Watkins partner last week pleaded guilty to defrauding both clients and his own firm by charging them more than $300,000 (£151,350) in personal or false expenses, writes the New York Law Journal.

Samuel Fishman, an M&A specialist in Latham's New York office from 1993 to 2005, pleaded guilty to mail fraud on 28 March. Prosecutors said Fishman had a number of inappropriate items to bills, mischaracterising them as charges for photocopying or express mail. He also fraudulently sought reimbursement from his firm for personal expenses.

The US Attorney's Office did not identify Latham as Fishman's firm in a criminal information filed with the guilty plea, nor was the firm's name mentioned in court when Fishman entered his plea to one count of mail fraud. However, Latham in a statement acknowledged Fishman as a former partner and said his misconduct had come to light in 2005.

New York managing partner David Gordon said: “[Latham] immediately acted to protect our clients fully and disclosed the matter to appropriate law enforcement authorities. Fishman resigned from the firm at the time the issues were discovered. Since that time, we have cooperated fully with the investigation."

Prosecutors noted that Latham had reimbursed its clients hundreds of thousands of dollars that had been fraudulently charged, although the firm declined to identify the clients defrauded by Fishman.

He has previously represented clients including cinema chain AMC Entertainment and JP Morgan Partners, the private equity arm of JP Morgan Chase & Co.

Fishman, who was represented by Litman Asche & Goiella, will be sentenced on 27 June and faces up to 20 years in prison. He also agreed to forfeit $350,000 (£176,570) in ill-gotten wealth and faces likely disbarment.

A number of major firms have had to deal in recent years with fraud by partners, though most instances have resulted in disbarment or other disciplinary sanction rather than criminal prosecution.

In 2006, former Wilmer Cutler Pickering Hale and Dorr intellectual property partner William DiSalvatore resigned from the bar after admitting misconduct including falsifying expense reports and assigning associates to perform "pro bono" work for friends and family. He claimed more than $109,000 (£54,990) in false personal expense.

Willkie Farr & Gallagher and the former Kronish Lieb Weiner & Hellman have also terminated partners for fraudulently seeking reimbursement for personal expenses.

In most such cases, including that of Fishman, the defrauded amounts have been small compared to what the perpetrators earn as partners. Last month, Latham said it had profits per partner of $2.3m (£1.16m) in 2007.

Additional reporting by Mark Hamblett.

The New York Law Journal is a US sister title of Legal Week.

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