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BENJAMIN BRAFMAN BRAFMAN & ASSOCIATES, P.C. 767 Third Avenue, 26 Floor New York, New York 10017 Telephone: 212-750-7800 Fa

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BENJAMIN BRAFMAN BRAFMAN & ASSOCIATES, P.C. 767 Third Avenue, 26 Floor New York, New York 10017 Telephone: 212-750-7800 Fa Case 2:05-cr-00587-JFW Document 497 Filed 05/23/2008 Page 1 of 125 1 BENJAMIN BRAFMAN BRAFMAN & ASSOCIATES, P.C. 2 767 Third Avenue, 26th Floor 3 New York, New York 10017 Telephone: 212-750-7800 4 Facsimile: 212-750-3906 5 [email protected] 6 Admitted Pro Hac Vice as Attorneys for 7 Defendant MELVYN I. WEISS 8 THOMAS M. BROWN (Cal. Bar No. 117449) 9 BROWN & WHITE LLP th 10 333 South Hope Street, 36 Floor Los Angeles, CA 90071 11 Telephone: 213-613-0500 12 Facsimile: 213-613-0550 [email protected] 13 14 Attorneys for Defendant MELVYN I. WEISS 15 16 UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 18 UNITED STATES OF AMERICA, Case No. CR 05-587(E) -JFW 19 Plaintiff, 20 DEFENDANT MELVYN I. WEISS’S v. SENTENCING MEMORANDUM 21 MELVYN I. WEISS, 22 (VOLUME 1 OF 4) Defendant. 23 Date: June 2, 2008 24 Time: 10:00 a.m. 25 26 27 28 DEFENDANT MELVYN I. WEISS’S SENTENCING MEMORANDUM Case 2:05-cr-00587-JFW Document 497 Filed 05/23/2008 Page 2 of 125 1 TABLE OF CONTENTS Page 2 3 I. INTRODUCTION...........................................................................................1 4 II. PRELIMINARY STATEMENT.....................................................................2 5 A. The Rule 11(c)(1)(C) Plea Agreement Entered Into Between Defendant Melvyn I. Weiss And The Government ..............................3 6 7 B. The Court May Impose A Non-Guideline Sentence.............................5 8 III. THE HISTORY OF MELVYN I. WEISS ......................................................8 9 A. Melvyn Weiss: From Humble Origins To Leading 10 Attorney, Philanthropist And Devoted Family Man.............................8 11 (1) The Melvyn Weiss Story is One of Hard Work, 12 Determination and the Pursuit of a Dream .................................8 13 (2) Formal Education........................................................................9 14 (3) His Legal Career – The Early Years...........................................9 15 B. The Law Firm Created By Lawrence Milberg & 16 Melvyn Weiss Provided First Rate Legal Service to 17 All of Its Many Clients..........................................................................9 18 (1) Melvyn Weiss – A Lawyer With Great Vision 19 And Leadership.........................................................................10 20 (2) Lawrence Milberg & Melvyn Weiss Struggled 21 Through Many Lean Years.......................................................11 22 C. As The Firm Grew So Did The Determination Of Mr. Weiss 23 To Use The Legal Talent He Harnessed To Address A Wide Range Of Corporate Wrongdoing And Also To Undertake 24 An Important Array Of Pro Bono Litigation ......................................12 25 (1) Mr. Weiss Recruited Some of the City’s Finest Legal 26 Minds, Professionals with Impeccable Legal Credentials 27 To Help Do The Important Work at Milberg Weiss ................13 28 DEFENDANT MELVYN I. WEISS’S i SENTENCING MEMORANDUM Case 2:05-cr-00587-JFW Document 497 Filed 05/23/2008 Page 3 of 125 1 TABLE OF CONTENTS Page 2 3 IV. MR. WEISS UTILIZED THE LAW TO MAKE A DIFFERENCE IN SOCIETY ...................................................................................................14 4 5 A. Melvyn Weiss’s Substantial Contributions To The 6 Public Good.........................................................................................14 7 B. Melvyn Weiss Was A Visionary And A True Believer In 8 The Importance Of His Life’s Work...................................................16 9 C. Holding Corporate America Accountable ..........................................20 10 D. For So Many Years, Milberg Weiss Partnered With The 11 Government In Exposing Corporate And Consumer Fraud ...............25 12 E. The Legacy Of Melvyn Weiss Will Always Include His 13 Amazing Fight For a Group Of Ordinary Citizens of Glen 14 Avon, California, Victims of Corporate Pollution, The Victims Of The Exxon Valdez Oil Spill, Helping Save The Southern 15 California Marine Environment And Children Victimized 16 In Nigeria............................................................................................28 17 (1) The Stringfellow Acid Pits Case ..............................................28 18 (2) An Extraordinary Litigation – A Stunning Result 19 And Then a Wonderful Act of Generosity ...............................29 20 (3) The Exxon Valdez Litigation ....................................................31 21 22 (4) Saving the Southern California Marine Environment..............34 23 (5) Caring About the Children of Nigeria – The “Quality 24 Of Mercy is Never Strained” ....................................................35 25 F. The Pro Bono Work Undertaken By Melvyn Weiss And 26 The Firm Is Unprecedented And The Good They Accomplished Is Nothing Short Of Spectacular.........................................................36 27 28 (1) The Holocaust Litigation ..........................................................36 SENTENCING MEMORANDUM ii ON BEHALF OF MELVIN I WEIS Case 2:05-cr-00587-JFW Document 497 Filed 05/23/2008 Page 4 of 125 1 TABLE OF CONTENTS (Cont’d) Page 2 3 (2) A Survivor’s Book of Poetry Gets Published by Melvyn Weiss – A Lost Relative and Friend ...........................44 4 5 (3) With The Guidance of Melvyn Weiss, The Milberg 6 Firm Steps In to Help Victims of Terrorism ............................48 7 (4) The Definition of a “Wise Man” Who Continuously 8 Gives of Himself to Help Others ..............................................48 9 (5) Representing Garment Workers in Asia...................................49 10 (6) Volunteering to Serve His Own Community, Giving 11 Of His Time and Energy...........................................................49 12 (7) Melvyn Weiss and Milberg Weiss Rescue the Legal 13 Aid Society and Contribute to Continuing Legal 14 Education Programs..................................................................50 15 V. THE SCOPE OF THE CHARITY AND GENEROSITY OF 16 MELVYN WEISS IS BREATHTAKING....................................................51 17 A. A “Compulsion” To Make The World A Better Place .......................52 18 B. Endowing The Loan Repayment Assistance Program 19 At New York University School Of Law ...........................................53 20 C. Inspiring Generosity In Others............................................................56 21 22 (1) The Child Life Program............................................................56 23 (2) Like the Holocaust Litigation the Devotion of Mr. Weiss 24 To the Victims of a Terrorist Bombing in Argentina Is Yet Another Moving Example of His Important 25 Humanitarian Work..................................................................57 26 (3) Picasso For Everyone – Including the Blind and the 27 Disabled ....................................................................................59 28 SENTENCING MEMORANDUM iii ON BEHALF OF MELVIN I WEIS Case 2:05-cr-00587-JFW Document 497 Filed 05/23/2008 Page 5 of 125 1 TABLE OF CONTENTS (Cont’d) Page 2 3 (4) Devoted to Finding Peace in the Middle East ..........................60 4 (5) Promoting Educational Opportunities ......................................60 5 6 (6) The Alzheimer’s Association ...................................................61 7 (7) Parkinson’s Disease Research ..................................................62 8 (8) Teenagers Fighting Addiction ..................................................62 9 10 (9) The Hanley Center Foundation.................................................63 11 (10) Supporting Peace, Fighting Gun Violence and 12 Supporting Art – The “Peace Angels Project” in Los Angeles, California............................................................63 13 14 (11) Neighborhood Defender Services of Harlem ...........................63 15 (12) Discrimination and Civil Rights...............................................64 16 D. The Extraordinary Charity Of Melvyn Weiss 17 Is Not Limited To Providing Support To A Large 18 Well-Funded Organization..................................................................65 19 (1) Everyone Can Count On Mr. Weiss in Hard Times.................65 20 (2) A Rare Day When Someone is Not at His Door ......................66 21 22 (3) Recognition and Respect for Every Child ................................68 23 (4) Spontaneously Kind..................................................................69 24 (5) Saving a Family Business from Ruin .......................................69 25 26 (6) Saving A Company – Saving A Life........................................71 27 E. The Emerging Legacy Of Melvyn Weiss – His Kindness, 28 Mentoring And Philanthropy ..............................................................72 SENTENCING MEMORANDUM iv ON BEHALF OF MELVIN I WEIS Case 2:05-cr-00587-JFW Document 497 Filed 05/23/2008 Page 6 of 125 1 TABLE OF CONTENTS (Cont’d) Page 2 3 (1) One of the Greatest Humanitarians of Our Time .....................72 4 (2) A Spirit of Faith and Kindness for People of All 5 Races and Creeds......................................................................74 6 (3) “You are Nothing Until You Improve the 7 Lives of Others”........................................................................75 8 9 (4) We All Lose if Mr. Weiss Is Gone ...........................................77 10 a. Helping a Family Adopt Orphaned Children.................78 11 b. Bonuses for Employees in Good Times and Bad ..........79 12 c, A Father to Many ...........................................................79 13
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