Ex-Akin/DOJ Lawyer Gets 2.5 Years in Prison for Lifting Sealed Whistleblower Lawsuits
Wertkin said he was "very ashamed" of his actions and apologized to his former DOJ colleagues.
March 07, 2018 at 07:40 PM
3 minute read
The original version of this story was published on The Recorder
SAN FRANCISCO — A federal judge has sentenced Jeffrey Wertkin, the former Akin Gump Strauss Hauer & Feld partner who pleaded guilty to stealing sealed whistleblower lawsuits and attempting to sell them to defendants for cash, to 30 months in prison.
U.S. District Judge Maxine Chesney of the Northern District of California handed down the prison term along with three years of supervised release at a court hearing Wednesday afternoon.
“There's an abuse of public trust here and it just has to be recognized,” Chesney said just before handing down the sentence.
As part of the hearing, Wertkin spoke briefly saying he was “very ashamed” of his actions. He apologized to his former colleagues at the U.S. Department of Justice, adding “I will dedicate the rest of my life to making amends and I hope I can one day earn their forgiveness.”
Wertkin joined Akin in April 2016 after six years as a trial lawyer in the Justice Department's Civil Division. Federal agents arrested him in January 2017 in a Cupertino hotel lobby. Charging papers indicated he was wearing a wig and sunglasses at the time, posing as someone named “Dan.”
Wertkin traveled to the hotel to meet an official at an unnamed company he'd reached out to, offering sealed documents from a whistleblower lawsuit in exchange for $310,000. Instead, he was met by undercover agents who arrested him. Akin shortly thereafter issued a statement expressing shock, noting that he'd been dismissed from the firm.
Wertkin's defense attorneys at Arguedas, Cassman & Headley asked for a one-year and one-day sentence, claiming their client accepted responsibility for his actions, which they said “stand in stark contrast to the careful, diligent and unblemished life he led up until the point of his crimes.” Federal prosecutors, meanwhile asked for a 34-month sentence calling Wertkin's crimes a ”staggering abuse of his public position.”
In the run-up to Wednesday's sentencing hearing, Wertkin's wife, Erin Erlenborn, wrote the judge asking that her husband receive no prison time. She pointed to Wertkin's role raising their two young children and research showing children who are separated from a parent at an early age are more apt to suffer depression and exhibit behavioral problems. Wertkin's wife asked that the judge require her husband to do community service and travel the country telling students and young lawyers about his experience in lieu of prison time.
“As much as it hurts me to hear him retell his story, he is a gifted writer and communicator, and I know this kind of public speaking and advocacy will 'send a strong message' and will deter far more people than whatever sentence he receives,” his wife wrote.
Nearly a dozen of Wertkin's family members sat in the gallery during the sentencing. The judge said she read all 87 letters submitted to the court on his behalf.
After the hearing, Cris Arguedas said her client's sentence was “fair.”
“The judge clearly read the enormous amount of material we put in front of her,” she said.
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