Posted by
pbylsma on Monday, May 05, 2008 7:27:05 PM
Martha Graybow of Reuters recently
reported on Republican lawmakers who have demanded Congress hold
a hearing on a legal industry scandal involving well-known plaintiffs' lawyers
who admitted paying secret kickbacks to clients in corporate fraud lawsuits. It is a perfect example of how Big Lawyer is
hurting our nation and costing all of us money.
For those of you who were not paying
attention to a few of the biggest legal stories of the year, a long-running
federal probe has exposed the vile greed of the most successful class action
lawyers in the land and led to the guilty pleas of attorneys Melvyn Weiss and
William Lerach and other former lawyers at law firm Milberg LLP. Weiss and Lerach became famous and fantastically
wealthy making money from bringing shareholder lawsuits against large corporations,
drawing scorn from pro-business advocates who said the cases were frivolous and
a big distraction to companies.
Guess what? Those advocates were pretty much right. It
turned out Weiss was paying witnesses off and breaking the law regularly
to win cases and get rich, the results of
which destroyed businesses and the lives of many people that were a part of
them.
It always amazes me how people on
the left ignore their own double standards – while we hear ranting against Big
Pharma and Big Tobacco, we never hear about Big Union or Big Trial Bar. (And I have to say the last time I took an
aspirin and felt better I liked Big Pharma.)
A friend who is an attorney recently noted how she felt sorry for Weiss’
kids, who have been teased at school since the news of their father’s crimes made national news. She
wanted the authorities to take it easier on Weiss – maybe she should ask the
folks whose lives were hurt when the company they worked for closed because of
a bogus lawsuit filed by Milberg Wiess and their fellow criminals what they think. By the way, she is a lawyer.
The Milberg scandal should be
further investigated by the House Judiciary Committee to determine the extent
of illegal payments to plaintiffs as initiated by House Republican Leader John
Boehner of Ohio and Lamar Smith of Texas, the top Republican on the committee
"The
Republican-led Congress responded aggressively to the Enron and WorldCom
scandals earlier this decade," the two lawmakers wrote in a letter to Rep.
John Conyers, a Michigan Democrat who chairs the Judiciary Committee. "Now
the Democrat-led Congress needs to do its job and examine the scandal at
Milberg Weiss, which potentially has deeper and more far-reaching implications."
Weiss, the New York-based firm's
co-founder, admitted to participating in the kickbacks scheme. He pleaded
guilty on April 2 to racketeering and faces as much as 33 months in prison when
he is sentenced. Lerach, best known for
winning billions in legal settlements for Enron investors, was sentenced in
February to two years in prison. He left Milberg in 2004 to form his own San
Diego-based law practice and has now retired from that firm. The Milberg firm
has pleaded not guilty to criminal charges and is scheduled to go on trial in
August. Prosecutors said Weiss, Lerach and
other defendants sought out clients with large stock portfolios, asking them to
serve as plaintiffs when negative information surfaced about a company and then
paying them a portion of the firm's legal fees without the knowledge of judges
overseeing the cases.
Boehner and Smith said that Lerach
was quoted in The Wall Street Journal as saying that the kickback payments were
an "industry practice." Should such activity be widespread, then
Congress has an obligation to take action, they wrote. But while nearly three months have
passed since Lerach was sentenced, Congress has yet to conduct even a single
hearing to determine the extent to which crimes such as his are occurring in
the rest of the industry.
The
Republicans are demanding a hearing by May 19.
Right – we are talking about the
worst, do nothing, most condescending, totally complacent Congress in our
nation’s history, currently held in the lowest esteem by the public since they
started keeping track.
Good luck fellows.