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White-Collar Crime

Ex-Latham Practice Head Gets 15 Months in Client Expense Fraud Case

Posted Jun 26, 2009 4:55 PM CST
By Martha Neil

In a sad day for a former partner at Latham & Watkins and his family, he has been sentenced to 15 months in federal prison after expressing contrition for bilking the firm and clients in a six-figure expense fraud in which he mischaracterized personal bills and nonreimbursable work-related costs.

Samuel Fishman pleaded guilty last year to one count of mail fraud in the Manhattan federal court case. His sentence also includes three years of supervised release after he completes his prison term, a $10,000 fine and restitution of $350,000, reports Dow Jones Newswires (sub. req.).

Fishman, who headed several practice groups and served as billing partner in a number of matters while working at Latham's office in New York, falsely claimed more than $200,000 in nonreimbursable costs, such as meals, parking and personal hotel bills, to be reimbursable client expenses, according to prosecutors in the case. He also allegedly sent bills to clients that padded actual expenses by more than $100,000, the news agency recounts.

His claimed expense-padding took place between 1993 and 2005, according to prosecutors. In his plea last year, Fishman admitted to misconduct between 2002 and 2005. The firm has reimbursed clients for their losses.

As discussed in a previous ABAJournal.com post, Latham & Watkins discovered the misconduct in 2005, confronted Fishman and notified authorities. Fishman then resigned.

"I wish I could find the words to adequately express how profoundly sorry I am for my disgraceful conduct," Fishman told U.S. District Judge Victor Marrero at a hearing today. "I am so ashamed. I am so ashamed for what I did. I bear tremendous guilt."

Comments

1.

BigLaw
Jun 27, 2009 6:06 AM CST

Guilt?  For what, getting caught??  LOL!  Another “contrite” crook when facing the judge for sentencing.  That was a great laugh.

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2.

George Patsourakos
Jun 27, 2009 10:37 AM CST

It is sad that Samuel Fishman was sentenced to 15 months in federal prison for bilking his law firm and clients of some $350,000. When will some lawyers—whose profession focuses on abiding by the law—ever learn that crime does not pay?

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3.

B. McLeod
Jun 28, 2009 11:57 PM CST

Hmm.  When crime (even “white collar” crime) actually does not pay?

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4.

AndytheLawyer
Jun 29, 2009 8:42 AM CST

While reading this I’m listening to Mel Torme singing: “The party’s over/ it’s time to call it a day”

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5.

Outraged
Jun 29, 2009 11:19 AM CST

I am sad to see yet another lawyer allow power to get to his head.  But, perhaps he was a crook before he became a lawyer.  The law attracts (and develops) many ego-maniacs and crooks who think they are above the law that ther swear to uphold (including judges like federal Judge Kent).  White collar crime is all around us.

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6.

Jason
Jun 29, 2009 12:56 PM CST

That is why you don’t use BigLaw….our medium size firm doesn’t bill clients for meals, parking, hotel, faxes, phone calls, stamps, etc.  We eat all that as part of doing business.

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7.

B. McLeod
Jun 29, 2009 11:26 PM CST

I eat the meals, but not that other stuff.

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8.

laborlawyr
Jul 1, 2009 8:33 AM CST

You eat hotel bills for client-required travel?  That’s novel.  I was out of town on client-required travel for over 40 weeks last year.  You can bet that the clients paid for those expenses. That’s a legitimate and traditional cost of hiring specialized professionals who are required to travel to perform the services for which they were retained.

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9.

R
Jul 1, 2009 9:25 AM CST

At least the guy actually took 100% responsibility and expressed abject shame for his misconduct.

At least he didn’t try to explain that he was motivated by a “soul mate” or a “tragic love story” or similar nonsense.

This guy will serve his time and can then - due to his complete expression of contrition - perhaps begin to pick up the pieces and make something of himself in the second half of his life.

Unlike other people who always talk about how things “happened” to them. Unlike the politicians who demand resignations when other people sin or break laws but then somehow find an excuse for hanging onto their own paychecks when they commit the same violations or worse.

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10.

kasey
Jul 1, 2009 1:29 PM CST

“Samuel, meet Bernie. Bernie, this is Samuel. I think you all have some things in common….”

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11.

Kalifornia Arnold
Jul 2, 2009 1:02 AM CST

Disbar this pig and never ever let him associate with honest people again. What second half of his life? He’s through.

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12.

B. McLeod
Jul 2, 2009 7:44 AM CST

Most amazing is that when you look at the twelve-year period over which the conduct occurred, it amounts to less than $30K a year on average.  For that, he gambled (and lost) L&W partner compensation which must have been many times that amount.  Did he think “billing partner” was the same as “Emperor of Earth”?  Did he really even need the money he was misappropriating?  It is baffling.

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