Monday, May 12, 2008

This is No Lawyer Joke: The Enormous Scandal of Trial Attorney Kickbacks

On May 19, trial lawyer William Lerach is expected to report to federal prison to begin serving the sentence he received after pleading guilty to charges of criminal conspiracy in conjunction with a class-action scheme involving his law firm, formerly known as Milberg Weiss.

According to federal investigators, Milberg Weiss officials masterminded a $250 million illegal kickback scheme involving their clients, and then lied in court about their actions. “The scope and the breadth of this conspiracy was breathtaking,” said U.S. District Judge John Walter, who sentenced Mr. Lerach, adding that the crimes involved go “to the core of our judicial system.”


More disturbingly, Mr. Lerach himself told The Wall Street Journal his illegal conduct and that of his law partners was an “industry practice.” At his sentencing, one of his supporting letters quoted Mr. Lerach as saying, “Everybody was paying plaintiffs so they could bring their cases.”


If in fact Mr. Lerach’s crimes are an “industry practice,” then the Milberg Weiss scandal has revealed a clear and present threat to our nation’s prosperity. Congress has an obligation to take action — by holding hearings to determine the extent of the scandal and the threat, identifying appropriate remedies and sending them to the president.


Nearly three months have passed since Mr. Lerach was sentenced, but Democrats in Congress have yet to conduct a single hearing to determine the extent to which crimes such as his are occurring in the rest of the industry.


The trial lawyer industry is, of course, a major source of campaign cash for the Democratic majority, which has happily accommodated the industry’s agenda...


Read more of this explosive column by John Boehner, the Republican Minority Leader for the House of Representatives.