Varsity Blues and Bleeped-Out Counsel: Lawyers Behaving Badly in 2019
From the college admissions scandal to profanity-laced emails, lawyers on both coasts and across the pond faced big trouble in 2019.
December 27, 2019 at 12:23 PM
4 minute read
The original version of this story was published on The American Lawyer
Plenty of good happened in the legal industry in 2019. But there were also a handful of attorneys whose behavior made them the subject of ethical scrutiny or even criminal charges.
Fewer attorneys faced jail time this year compared to previous ones, but 2019 still had its share of attorneys who were accused of cheating the system and acting unprofessionally, both inside and outside of their capacity as lawyers. Here are a few we covered throughout the year.
Gordon Caplan
One of the few Big Law partners to face prison time this year, the ex-chair of Willkie Farr & Gallagher in October was sentenced to one month in prison for paying a college admissions consultant $75,000 to rig his daughter's ACT score.
Caplan was ordered to report to prison on Nov. 6 and was released on Nov. 22 from Federal Correctional Institution, Loretto, where Paul Manafort is currently behind bars. Caplan also was ordered to pay a $50,000 fine, serve one year of supervised release and complete 250 community service hours. He was suspended by the New York bar and resigned from Willkie.
Elisabeth and Gregory Kimmel
Caplan wasn't the only lawyer tied up in the college admissions scheme—also known as the Varsity Blues Scandal. A California lawyer, whose husband is also a lawyer, faced accusations of fraud related to her efforts to get their two children into prestigious schools.
Elisabeth Kimmel was criminally charged for allegedly paying $475,000 to an organization that paid the tennis coach at Georgetown University and the water polo coach at the University of Southern California so their two children would gain admission and spots on the teams.
Gregory Kimmel was not charged in relation to the alleged fraud. Gregory spent 15 years as a prosecutor, mostly as a deputy district attorney in the San Diego County District Attorney's Office from 1993 to 2005, and Elisabeth served as general counsel of Midwest Television. Both Kimmels are currently listed in the California State Bar directory as inactive.
Christopher Hook
A California lawyer in December sent more than 100 profanity-laced emails to opposing counsel at Allstate Insurance Co., leading a U.S. district judge to demand his resignation.
Hook, a former associate at Wilson Elser and Wood, Smith, Henning & Berman, said his emails—many of which were filled with slurs and epithets—were a "negotiating tactic" meant to force Allstate to settle with his clients. Initially, Judge Otis Wright II of the Central District of California asked Hook why he should not be sanctioned and have the case thrown out. But this month, he asked Hook to resign.
"Tell you what, slick, this profession does not need you," the judge said. "I am going to do what I can to remove you from this profession."
Craig Cohen
A former White and Williams partner pleaded guilty in November to mail fraud in relation to a $3.4 million settlement scam. According to prosecutors, Cohen spent years working for insurance company clients, during which time he allegedly submitted fake paperwork, damaged products and misattributed client losses to separate products.
His sentencing hearing is set for February 2020, and he faces a maximum of 20 years in prison. Prosecutors are seeking $3.4 million in restitution. Cohen was suspended by the Pennsylvania State Disciplinary Board in April.
Gary Senior
Baker McKenzie and the former head of its London operations were referred to the Solicitors Disciplinary Tribunal in July after misconduct allegations were revealed.
In 2012, Senior allegedly sexually harassed a subordinate and then tried to influence an internal investigation into the allegations. According to testimony before the disciplinary tribunal, the firm failed to report the misconduct allegations to its general counsel, a violation of policy, and warned partners against speaking about the case externally.
The hearing on Senior's misconduct allegations is ongoing.
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Ex-Willkie Co-Chair Gordon Caplan Gets Prison Term in College Admissions Case
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