A defense lawyer in a civil Racketeer Influenced and Corrupt Organizations Act suit is urging the judge not to impose a $200,000 sanction for negotiating a consent decree on behalf of a client who lacked the funds to make good on the agreement.

If he’s forced to pay the $200,000 sanction, Minneapolis attorney Boris Parker said, his four-lawyer firm, Parker & Wenner, could well be driven out of business or forced to terminate its three support staff. Parker asked U.S. District Judge Noel Hillman of the District of New Jersey not to impose the sanction in a May 18 brief in opposition to the plaintiffs’ fee petition in Akishev v. Kapustin. His client in the case, Sergey Kapustin, hasn’t paid him since September 2014 and has run up a legal bill of $125,000 in the case, Parker said in the filing.

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