Law firm Milberg skirts sanctions over fake claims in credit card fees case
By Mike Scarcella
July 15 (Reuters) -A law firm that said it unknowingly submitted fake claims as part of a $5.6 billion antitrust settlement with Visa and Mastercard will escape sanctions for now, a federal magistrate judge has ruled.
U.S. Magistrate Judge Joseph Marutollo in Brooklyn said on Saturday that punishing plaintiffs law firm Milberg Coleman Bryson Phillips Grossman was “unnecessary at this time” after the firm said it would pay $25,000 to cover a claims administrator's extra work stemming from the fake submissions.
“The integrity of the claims process in this matter remains essential,” Marutollo wrote. “Indeed, throughout this litigation, efforts have been made to proactively protect class members from deception.”
Milberg had argued it had not acted in bad faith and urged the court not to impose sanctions. It told the court it “could have done a better job of screening the would-be clients’ information — and will do so in the future.” =
A representative from the firm did not immediately respond to a request for comment on Monday.
Visa and Mastercard agreed to the $5.6 billion settlement in 2018 to resolve claims from more than 12 million merchants who said they had overpaid credit and debit card fees. Visa and Mastercard denied any wrongdoing.
Milberg did not help craft the settlement but was in the process of seeking part of the fund for a group of class members.
The firm had submitted dozens of "proofs of authorization" that are part of the claims process for clients. Some of the submissions were purportedly from household name multinational companies, and even a “cursory” review showed the filings to be fraudulent, according to attorneys for the class.
The class attorneys at plaintiffs’ firms Robbins Geller Rudman & Dowd and Robins Kaplan had asked the Brooklyn court to consider sanctions against Milberg.
Milberg blamed a third-party “referral” source and said it will cooperate in any U.S. Justice Department investigation of that person.
Overall, the firm submitted more than 115 fake client papers to claims administrator Epiq, court records show.
Milberg in a filing last month said other parties had also submitted fraudulent material in the case, but the firm did not provide specifics.
Marutollo’s Saturday order said he “reserves the right to issue sanctions should it be deemed necessary following further investigation.”
In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, U.S. District Court, Eastern District of New York, 1:05-md-01720-MKB-VMS.
Read more:
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Reporting by Mike Scarcella
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