Fen Phen Judge, Joseph "Jay" Bamberger, Is Next In Line For Permanent Disbarment.
Judge in fen-phen case also faces disbarment
Former Boone Circuit Judge Joseph "Jay" Bamberger - who once was named Kentucky's co-judge of the year - now faces the possibility of permanent disbarment.
Former Boone Circuit Judge Joseph "Jay" Bamberger - who once was named Kentucky's co-judge of the year - now faces the possibility of permanent disbarment. /
Written by Jim Hannah
The Kentucky Supreme Court will have the final say on whether former Boone Circuit Judge Joseph "Jay" Bamberger
will be permanently disbarred.
Bamberger presided over the scandalous fen-phen settlement that has already destroyed the legal careers of at least three lawyers, and chased him from the bench.
The unanimous vote recommending disbarment was taken Tuesday in Lexington by the Kentucky Bar Association's Board of Governors, the same day the board also voted to disbar famed Cincinnati lawyer Stan Chesley, 75, of Indian Hill for his involvement in the scandal.
Bamberger - who once was named Kentucky's co-judge of the year - couldn't be reached for comment.
Bamberger was the only circuit judge in Boone and Gallatin counties from 1992 until Jan. 5, 2004, when he went into semi-retirement and became a senior status special judge. He resigned from that assignment in February 2006 rather than face removal from the Kentucky Judicial Conduct Commission, which said Bamberger's actions "shocked the conscience" of its members.
Chesley and lawyers William Gallion, Shirley Cunningham Jr. and Melbourne Mills Jr.
took $125 million of the $200 fen-phen settlement intended for 440 people who suffered heart valve damage after taking fen-phen. The lawyers then lied to the fen-phen victims about how much of the money they took and tried to cover it up when authorities began investigating.
A trial commissioner, who took the further step of recommending Bamberger be stripped of his law license for life, said the former judge signed orders "authorizing and sanctioning the largest-scale fraud in the history of the Commonwealth of Kentucky."
The commissioner said Bamberger engaged in conduct involving "dishonesty, fraud, deceit or misrepresentation" in the fen-phen case. The commissioner concluded it was "inconceivable" that Bamberger did not know what he was doing in allowing and covering up the scandal, particularly given that he benefited personally from the fraud.
Multiple investigations of the scandal have called into question the relationship between Bamberger and the trial consultant who helped negotiate the settlement - Mark Modlin. Modlin was paid $2.05 million for helping negotiate the fen-phen settlement with Chesley.
One investigation found Bamberger also attempted to preside over a case in Pike County in which Modlin was acting as a trial consultant without disclosing that the two owned property together. That land was later sold.
Modlin was seriously injured in a golf-cart accident while playing golf with Bamberger in 1987. Bamberger took the lead in organizing his care, recruiting people to take turns helping Modlin when he was recovering. The judge testified in a civil suit arising from the wreck that Modlin was one of his two or three best friends.
Bamberger also appointed Modlin, Gallion, Cunningham and Mills as directors of a foundation funded by $20 million siphoned from the fen-phen settlement. Modlin received a $6,500 monthly stipend and a $1,000 monthly expense allowance. Investigators said Modlin, Gallion and Cunningham received a $5,000 monthly stipend and a $350 month expense allowance from the foundation.
When Bamberger took semi-retirement, Modlin, Gallion, Cunningham and Mills made Bamberger a director on the foundation. He also received $5,000 per month plus the $350 expense allowance. That money has been returned.
Gallion and Cunningham were convicted of fraud and are serving lengthy federal prison sentences. Mills was found not guilty by a federal jury after arguing he was too drunk during the time of the settlement negation to participate in the conspiracy.
Former Boone Circuit Judge Joseph "Jay" Bamberger - who once was named Kentucky's co-judge of the year - now faces the possibility of permanent disbarment.
Former Boone Circuit Judge Joseph "Jay" Bamberger - who once was named Kentucky's co-judge of the year - now faces the possibility of permanent disbarment. /
Written by Jim Hannah
The Kentucky Supreme Court will have the final say on whether former Boone Circuit Judge Joseph "Jay" Bamberger
will be permanently disbarred.
Bamberger presided over the scandalous fen-phen settlement that has already destroyed the legal careers of at least three lawyers, and chased him from the bench.
The unanimous vote recommending disbarment was taken Tuesday in Lexington by the Kentucky Bar Association's Board of Governors, the same day the board also voted to disbar famed Cincinnati lawyer Stan Chesley, 75, of Indian Hill for his involvement in the scandal.
Bamberger - who once was named Kentucky's co-judge of the year - couldn't be reached for comment.
Bamberger was the only circuit judge in Boone and Gallatin counties from 1992 until Jan. 5, 2004, when he went into semi-retirement and became a senior status special judge. He resigned from that assignment in February 2006 rather than face removal from the Kentucky Judicial Conduct Commission, which said Bamberger's actions "shocked the conscience" of its members.
Chesley and lawyers William Gallion, Shirley Cunningham Jr. and Melbourne Mills Jr.
took $125 million of the $200 fen-phen settlement intended for 440 people who suffered heart valve damage after taking fen-phen. The lawyers then lied to the fen-phen victims about how much of the money they took and tried to cover it up when authorities began investigating.
A trial commissioner, who took the further step of recommending Bamberger be stripped of his law license for life, said the former judge signed orders "authorizing and sanctioning the largest-scale fraud in the history of the Commonwealth of Kentucky."
The commissioner said Bamberger engaged in conduct involving "dishonesty, fraud, deceit or misrepresentation" in the fen-phen case. The commissioner concluded it was "inconceivable" that Bamberger did not know what he was doing in allowing and covering up the scandal, particularly given that he benefited personally from the fraud.
Multiple investigations of the scandal have called into question the relationship between Bamberger and the trial consultant who helped negotiate the settlement - Mark Modlin. Modlin was paid $2.05 million for helping negotiate the fen-phen settlement with Chesley.
One investigation found Bamberger also attempted to preside over a case in Pike County in which Modlin was acting as a trial consultant without disclosing that the two owned property together. That land was later sold.
Modlin was seriously injured in a golf-cart accident while playing golf with Bamberger in 1987. Bamberger took the lead in organizing his care, recruiting people to take turns helping Modlin when he was recovering. The judge testified in a civil suit arising from the wreck that Modlin was one of his two or three best friends.
Bamberger also appointed Modlin, Gallion, Cunningham and Mills as directors of a foundation funded by $20 million siphoned from the fen-phen settlement. Modlin received a $6,500 monthly stipend and a $1,000 monthly expense allowance. Investigators said Modlin, Gallion and Cunningham received a $5,000 monthly stipend and a $350 month expense allowance from the foundation.
When Bamberger took semi-retirement, Modlin, Gallion, Cunningham and Mills made Bamberger a director on the foundation. He also received $5,000 per month plus the $350 expense allowance. That money has been returned.
Gallion and Cunningham were convicted of fraud and are serving lengthy federal prison sentences. Mills was found not guilty by a federal jury after arguing he was too drunk during the time of the settlement negation to participate in the conspiracy.
Labels: BUYING justice, Crime, Judicial integrity, Punishment
posted by KYJurisDoctor at 1:06 PM
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