White Collar Crime

Federal judge is 'sick and tired of lawyers from white-shoe law firms' helping clients avoid charges

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Nicholas Garaufis

U.S. District Judge Nicholas Garaufis. Wikimedia Commons.

A federal judge in Brooklyn, New York, who once criticized Kirkland & Ellis for sending an associate to court had another criticism for BigLaw on Wednesday when he imposed a sentence in a bribery case.

U.S. District Judge Nicholas Garaufis wanted to know why the only person facing prison in a bribery case was the man he sentenced to two years in prison, Samuel Mebiame, the son of the former prime minister of the African nation of Gabon, report Bloomberg News, the Brooklyn Daily Eagle and the New York Daily News.

Mebiame was sentenced for paying bribes to help a joint venture partly owned by the hedge fund Och-Ziff Capital Management Group win mining deals in Africa. Och-Ziff obtained a deferred prosecution agreement. Garaufis contrasted Mebiame’s treatment with that of other participants who are “out on a golf course.”

“I’m sick and tired of lawyers from white-shoe law firms marching into my courtroom and getting a deferred-prosecution agreement for their clients,” Garaufis said.

“I’m not going to hold Mr. Mebiame for all the evils of corruption in Africa,” the judge also said. “It’s time for people who are responsible for these actions to be held accountable.”

Och-Ziff Capital Management agreed to pay more than $400 million under the deferred prosecution agreement, but it will win dismissal of criminal charges if it stays out of trouble for the next three years. One of its units pleaded guilty to conspiracy to bribe officials and is awaiting sentencing.

Garaufis said Och-Ziff was represented by high-priced lawyers, while Mebiame had no lawyers when he cooperated with U.S. officials. “This defendant shows up at the door of the [Internal Revenue Service] without any legal representation,” Garaufis said. “Even a fare-beater on the New York City subway… gets legal representation.”

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