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Milberg Weiss and The 'Nigerian Barge' Case

By Daniel R. Alonso

The recent indictment of the securities class-action powerhouse Milberg Weiss Bershad & Schulman and two of its named partners has been the topic of much recent discussion, centering on the law firm's notable refusal to waive the attorney-client privilege during the government investigation, which likely contributed to the government's decision to indict the firm. But the indictment is also notable as the latest high-profile use of the federal mail and wire fraud statutes to combat private-sector corruption.

Under the category of fraud based on the deprivation of the intangible right of honest services, the government has long attacked kickbacks and other forms of concealed self-dealing by agents, employees, and fiduciaries. The crime is now firmly established in the landscape of federal prosecution despite its history of controversy among courts, commentators, and the defense bar.

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