U.S. Magistrate Judge M. Page Kelley
ruled that actress Lori Loughlin and her fashion designer husband, Mossimo
Giannulli, can continue to use Los Angeles-based Latham & Watkins, which
recently represented the University of Southern California, an alleged victim
in the sweeping college admissions bribery case.
But Kelley declined to rule on a
different potential conflict of interest in the couple’s legal representation
and said she would decide later, calling it more serious.
Giannulli and Loughlin mostly sat
quietly through the brief proceedings. They spoke up only to answer a series of
short questions from the judge, acknowledging they each understood the legal
risk of retaining the firm and the risks of being represented by the same firm.
Neither commented after the hearing.
The couple are accused of paying
$500,000 to have their two daughters labeled as recruits to the USC crew team,
even though neither participated in the sport. They have pleaded not guilty to
charges of conspiracy to commit fraud and money laundering.
Lawyers for Latham & Watkins
said it represented USC in an unrelated real estate case that had been handled
by different attorneys.
Prosecutors had argued that
retaining the firm could pose a serious conflict, especially if the firm’s
lawyers questioned USC officials at trial or gathered information from the
university during the case’s discovery phase.
Assistant U.S. Attorney Eric S. Rosen
argued there is a potentially greater conflict with Giannulli’s additional
counsel from the Boston firm Donnelly, Conroy & Gelhaar.
The firm represents Davina
Isackson, who, along with her husband, California real estate developer Bruce
Isackson, has pleaded guilty to paying $600,000 in shares of stock to get their
daughters into USC and the University of California Los Angeles.
George W. Vien, an attorney for the
firm, said it is prepared to take steps to prevent conflicts of interest, such
as not cross-examining Isackson in the unlikely event she is asked to testify
in Giannulli’s case.
Kelley said she would decide later
on that potential conflict.
“This is the situation where judges
most often remove lawyers from cases, if they are representing someone who is
cooperating against another person,” Kelley told Giannulli.
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