Trials & Litigation

Did BigLaw lawyer lie to help client get millions to buy Maxim? Or was he a victim of his client?

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A former counsel to Bryan Cave was hired because he told the firm a wealthy businessman was his client.

Then attorney Harvey Newkirk helped the businessman’s son, Calvin Darden Jr., in a fraudulent attempt to persuade lenders to provide millions of dollars to buy Maxim, a federal prosecutor told a Manhattan jury on Monday.

But defense attorney Jonathan Harris said in opening statements that Newkirk was victimized by Darden Jr. along with others in the loan-fraud scheme, according to Law.com and Reuters.

The government contends the attorney helped the son misuse his father’s identity as the two falsely told lenders Calvin Darden Sr. would pledge assets to back a deal to purchase the men’s magazine. The father is a former UPS executive who has served of the boards of multiple major corporations.

“This is a case about greed and lies by a corrupt attorney,” said prosecutor Andrew Adams

Darden Jr., who earlier took a plea in the case, is a prosecution witness at trial.

“Make no mistake. Calvin Darden Jr. is a criminal,” said Harris, the managing partner at Harris, O’Brien, St. Laurent & Chaudhry. He told the jury that Darden Jr. is a con man who persuaded the attorney that his dad really was going to pledge assets for the magazine purchase, unbeknownst to Darden Sr., who attended some meetings but wasn’t willing to provide funding.

“Newkirk was used as a tool in that con,” Harris said, and was “ultimately a victim in this crime.”

Related coverage:

ABAJournal.com: “Feds charge former BigLaw attorney with aiding client’s fraudulent attempt to get money to buy Maxim”

Above the Law: “Ex-Biglaw Attorney Files Lawsuit Claiming His Former Firm Hung Him Out To Dry”

New York Post: “Maxim sale fraud case rages on after felon misleads investors”

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