Profile: Berke and Schoeman Win in Brubaker

Legal BisNow profiled Litigation partner Barry H. Berke, picturing him and Litigation partner Paul S. Schoeman fresh off their successful defense of former Deutsche Bank broker Craig Brubaker against charges in a tax shelter fraud prosecution. Mr. Brubaker was the only co-defendant acquitted. The article noted Mr. Berke's "red hanky" role-play with one of the prosecution's key witnesses, Erwin Mayer, a former tax partner at Jenkens & Gilchrist who was also Mr. Brubaker's contact on the tax strategies. Mr. Berke used the strategy to prove that Mr. Brubaker was a of victim the scheme, resulting in Mr. Mayer's giving the actual pitch he had given Mr. Brubaker about the fraudulent tax shelters. Mr. Berke successfully argued that the pitch proved that Mr. Mayer never shared any concern with Mr. Brubaker that the strategies would not work.

The profile also highlighted Mr. Berke's connection to the boxing world, which he traces back to his great-grandfather, a championship contender who taught Mr. Berke how to box. His representations have included former undisputed middleweight champ Jermain Taylor. Mr. Taylor fought to reclaim winnings that were seized upon after the Athens Olympics by exploitive promoters who got him to sign over future earnings for $600k. Though some protections for boxers have since been enacted, Mr. Berke said boxing "remains a rough and tumble business."

On the types of cases he's attracted to, Mr. Berke said "If it's a good story, I'm interested." That attitude led to his representation of a British coin dealer who was charged with attempting to buy a 1933 Double Eagle gold coin - at the time, thought to be the last one. Mr. Berke got the criminal case dismissed and settled the civil case before trial, an agreement that had coin auctioned and his client and the government splitting the proceeds. He is currently representing the family involved in the discovery of ten more of the rare coins, which is set for trial in July. The article noted that Mr. Berke has already convinced the judge in the case that the government's seizure of the coins was illegal.