Feds Want Mel Weiss to Serve 33 Months, Weiss Asks for 18

[WSJ_law_blog]

It’s been quiet of late in the Milberg criminal case. But today prosecutors filed a sentencing memo, recommending that Mel Weiss, the former head of the firm, be sentenced to 33 months in prison. And Weiss today countered with his own sentencing memo, complete with more than 275 letters attesting to his good deeds. Some of the heavy hitting letter-writers include: Arthur Miller, David Boies, Burt Neuborne, Kenneth Feinberg and Stephen Sussman. (The letters were filed separately.)

In April, Weiss pleaded guilty to a racketeering conspiracy in connection with Milberg’s alleged payment of kickbacks to class-action clients. The plea called for a sentence of 18 to 33 months.

The U.S. Probation Office recommended 33 months for Weiss, in a report filed earlier this month, and prosecutors concur, asserting in today’s motion that this is a sufficient term in light of the fact that Weiss also has to cough up $10 million, will lose his license and will be forced to “retire in his disgrace.” Also, prosecutors note: “Weiss will be 73 when he begins serving his sentence this summer.”

In his memo, Weiss asked for a term of 18 months and for the judge to substitute at least half of that period with either community service and/or home confinement. “Should your Honor conclude however, that a prison sentence greater than 18 months is appropriate,” he wrote, “we then respectfully suggest that a sentence of 24 months is sufficient.”

Weiss’s lawyer, Benjamin Brafman, told the Law Blog: “We recognize the seriousness of the offense, but we hope that Judge Walter will also takes note of the extraordinary good work that Mr Weiss has undertaken throughout his life, work that has improved the quality of life for millions of ordinary citizens.” He added: “More than 275 people have written to the Court asking for leniency and compassion for a man that many describe as one of the true giants of this generation.”

On Monday, Bill Lerach, another former Milberg head honcho, headed to prison for a 2-year term. Lerach also filed a trove of letters, seeking lenience, but federal judge John Walter did not seem particularly moved. At Lerach’s sentencing hearing, the judge said: “What Lerach and others did goes to the core of our judicial system.”