Prosecutors Seek Stiff Sentence for Ex-Akin Lawyer Accused of Lifting 40 Whistleblower Suits
If prosecutors have their way, ex-Akin and Justice Department lawyer Jeffrey Wertkin could spend nearly three years behind bars after plotting to sell sealed False Claims Act lawsuits.
March 01, 2018 at 01:22 PM
5 minute read
Jeffrey Wertkin and Cris Arguedas outside the U.S. District Court for the Northern District of California in San Francisco.
Describing his actions as “a staggering abuse of his public position,” federal prosecutors in San Francisco on Wednesday sought a nearly three-year prison sentence for Jeffrey Wertkin, a former Akin Gump Strauss Hauer & Feld partner and Justice Department lawyer who admitted to trying to sell copies of confidential whistleblower lawsuits to targeted companies.
In a sentencing memorandum filed Wednesday, federal prosecutors said Wertkin's plan to “cash in” on inside information when he left the government for private practice amounted to “one of the most disturbing cases of public corruption ever prosecuted in the Northern District of California.” The government added that Wertkin—who joined Akin as a partner in 2016 after a nearly six-year stint as a trial lawyer in the U.S. Department of Justice Civil Division's fraud section—stole at least 40 sealed False Claims Act lawsuits from the DOJ and later tried to pin blame on former government colleagues.
Wertkin “escalated his efforts to profiteer from stolen government property by trying to sell some of these sealed qui tam complaints to the very companies whose conduct was under investigation by the government,” prosecutors wrote in the memo. “The defendant's criminal conduct culminated in a post-arrest obstruction binge wherein he returned to his law firm, destroyed evidence and staged his office—falsely implicating one of his former DOJ colleagues as the source for some of the contraband.”
The government called for a 34-month prison sentence for Wertkin, which would align with the sentencing guidelines for the charges he admitted to in his guilty plea—obstruction of justice and interstate transport of stolen property. Prosecutors also said that normally, they would have urged an even tougher sentence, but that the guideline range should apply in light of Wertkin's early admission of guilt and cooperation with investigators.
“Jeffrey Wertkin abused the public trust and tried to tarnish the reputation of the DOJ in the process,” the government wrote. “However, because the defendant admitted his guilt very early in the process and proactively assisted the government in unraveling the full extent of his criminal scheme, the government recommends a guideline sentence.”
Wertkin's defense team, led by Cristina Arguedas of Arguedas, Cassman & Headley, also filed a sentencing memo on Wednesday, calling for a shorter sentence of one year and one day in prison. The defense memo described Wertkin's behavior as “an almost unaccountable detour in an otherwise honorable and law-abiding life” and said his actions were a product, at least in part, of long-running but undiagnosed anxiety and depression that flared up under the stress of his transition to private practice.
“Mr. Wertkin's offenses were serious—and he understands that he alone is responsible for them. Mr. Wertkin comprehends the weight of his mistakes, his betrayals of his former colleagues at the DOJ and his own ethical standards, and the harm he has caused,” Wertkin's defense lawyers wrote. “Yet Mr. Wertkin's criminal misconduct, and the desperate nature of his acts, stand in stark contrast to the careful, diligent and unblemished life he led up until the point of his crimes.”
The defense team continued, “When Mr. Wertkin for the first time encountered significant failures in both his professional and personal lives, he did not have the internal mechanisms for coping appropriately with those problems—and he stumbled down a disastrous path. His depression symptoms quietly mounted, dragging him down bit by bit, until he felt like he needed to take desperate actions.”
Wertkin's legal troubles began less than a year after he joined Akin in April 2016 from the DOJ, according to court records.
Federal agents arrested him in a Cupertino hotel lobby in January 2017. At the time, he was wearing a wig and sunglasses, and posing as someone named “Dan.” Wertkin went to the hotel for what he thought was a meeting to hand over sealed documents to a high-ranking company official targeted by a confidential whistleblower suit in exchange for $310,000. Instead, he was met by undercover agents who took him into custody. Following his arrest, Akin issued a statement expressing shock and saying that the firm swiftly took action to dismiss Wertkin.
In their sentencing memo on Wednesday, defense lawyers quoted Wertkin's father as saying that his son embarked on a “reckless and absurd plan.” The defense team also referenced Wertkin's arrest, comparing it to “a scene out of a B-grade action movie” and describing his disguise as “a ridiculous attempt to conceal his identity.”
U.S. District Judge Maxine Chesney of the Northern District of California, who is presiding over Wertkin's case, has set a sentencing hearing for March 7.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllIn Lawsuit, Ex-Google Employee Says Company’s Layoffs Targeted Parents and Others on Leave
6 minute readMorrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250