Ex-Kirkland & Ellis Partner Pleads Not Guilty to Tax Fraud

Ex-Kirkland & Ellis Partner Pleads Not Guilty to Tax Fraud
The New York Law Journal by Mark Hamblett  -  July 15, 2011

Bankruptcy specialist Theodore L. Freedman, who resigned from the firm in October, was indicted yesterday on charges he misrepresented more than $2 million in income from the firm. The 63-year-old Northwestern University Law School graduate also was accused of claiming over $542,358 in expenses for a non-existent sole proprietorship law practice.

Former Kirkland & Ellis senior partner Theodore L. Freedman was indicted yesterday on charges he misrepresented more than $2 million in income from the firm.  Mr. Freedman, a bankruptcy specialist who resigned from the firm in October, was charged with four counts of income tax fraud. He pleaded not guilty to all counts before Southern District Magistrate Judge James C. Francis.  The 63-year-old Northwestern University Law School graduate also was accused of claiming over $542,358 in expenses for a non-existent sole proprietorship law practice. He surrendered to agents of the Internal Revenue Service at around 8 a.m. yesterday morning following a lengthy investigation.  In a statement, Southern District U.S. Attorney Preet Bharara called Mr. Freedman "an accomplished and well-compensated attorney" who "abdicated his legal and ethical responsibilities by cheating on his taxes."  According to the government, the IRS form that reports an individual partner's share of income or loss showed Mr. Freedman's total income for calendar years 2001 through 2004 to be $5,388,699.  Mr. Freedman, who prepared, signed and filed his taxes himself, under-reported his income during those years by $2,097,211, prosecutors said.  All told, his returns resulted in a tax loss to the IRS of $1,013,061. The indictment alleges that he used the address of Kirkland & Ellis' office as his address for his fictitious solo practice.  Should Mr. Freedman be convicted, he faces a maximum of three years in prison on each of the four counts.  A spokeswoman for Kirkland & Ellis said the firm would not comment because "we understand that the federal indictment relates exclusively to Mr. Freedman's personal conduct."  Mr. Freedman is represented by Robert Cleary of Proskauer Rose.  Mr. Cleary told the court yesterday that the investigation into his client has "been going on for at least four years" and he has been in "active, regular discussion regarding this case" for years with the government.  Mr. Freedman handled numerous cases over his years as part of Kirkland & Ellis' restructuring department, working as a debtor's attorney for several companies, including Gaylord Container Corp., Navistar Corp. and Continental Bank.  He is admitted to practice in the Northern District of Illinois, where he worked as an arbitrator for the Chicago Board Options Exchange; the District of Columbia; and in New York, where he is a one-time member of the Bankruptcy and Corporate Reorganization Committee of the New York City Bar.  Assistant U.S. Attorney E. Danya Perry is prosecuting the case for the government.  Mr. Freedman, a resident of Dutchess County, was released on his own signature yesterday with a promise to return to court in two weeks and post a $100,000 personal recognizance bond secured by $50,000 in cash. He was also ordered to surrender his passport.  He is scheduled to appear again at a Sept. 19 pretrial conference before Judge Deborah A. Batts.  Both Mr. Freedman and Mr. Cleary declined comment.  Mark Hamblett can be contacted at mhamblett@alm.com.