D e v e l o p i n g ....

Documents forwarded to TLR indicate that a convicted felon and former business partner of Judge Judith Epstein of the State Bar Court is practicing law in California after receiving special and preferential treatment.

MALCOLM WITTENBERG
Mr. Malcolm Wittenberg,pleaded guilty in the United States District Court for the Northern District of California to insider trading, a felony which involved the use of confidential information to profit financially. Following the conviction, he was disbarred by officials at Washington D.C.and Virginia. Wittenberg, a former business partner of California State Bar Court judge Judith Epstein was suspended from practicing law in California for a period of 3 years (Photo:courtesy)

Malcolm Wittenberg, who was disbarred by the Washington D.C. Bar in 2008 following his felony conviction for insider trading, was suspended from the practice of law in the State of California for a period of three years.

Judge Patrice McElroy, who recommended a three-year actual suspension, found that the purchase of a stock by Mr. Wittenberg based on inside information was an act of moral turpitude. Moreover, McElroy made additional findings of misconduct as she found that Wittenberg had lied under oath during his testimony before before her.

Later, Wittenberg's application for reinstatement went unopposed by the Office of Chief Trial Counsel, and was approved by Judge McElroy.

A State Bar insider confirms to TLR that Mr. Wittenberg reinstatement was procured as a result of misconduct committed by both Judge McElroy and the Review Department. Speaking on condition of anonymity, the insider opined that,"in reinstating Wittenberg the judges of the State Bar Court intentionally ignored their own prior findings that W had lied under oath as Wittenberg offered no evidence of rehabilitation concerning this issue."

The insider stated, "no doubt a different, and more lenient, standard was applied by the judges during the reinstatement proceedings."

The insider continued, "There is absolutely no doubt in my mind that Wittenberg was treated differently by the State Bar court. Also, the fact that the OCTC did not oppose his petition for reinstatement is in itself peculiar and out of the ordinary course of business."

The insider informed TLR that previously both Judge Judith Epstein and Mr. Wittenberg were business partners at a now defunct law-firm.

Reliable sources confirmed to TLR that Epstein recused herself from participating in the original proceedings concerning Wittenberg and that Wittenberg was also disbarred from the practice of law in the State of Virginia.

D e v e l o p i n g .....