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COVINGTON, Ky. (AP) – Three lawyers accused of defrauding their clients in a $200 million diet drug settlement were greedy, a prosecutor charged Monday during closing arguments of their high-profile trial. But a defense attorney said the attorneys did not commit any crime.
U.S. Attorney Laura Voorhees told jurors in Covington on Monday morning that the three lawyers were motivated by greed. She said the lawyers should have been paid $60 million to settle a lawsuit over the diet drug fen-phen, but walked away with $127 million.
Attorneys Shirley Cunningham Jr., William Gallion and Melbourne Mills Jr. are being tried on charges of wire fraud conspiracy. If convicted, they could receive up to 20 years in prison.
Two defense attorneys told jurors Monday afternoon that their clients did not commit any crimes.
Jim Shuffett, who represents Mills, said his client was "a severe alcoholic" and that made him unable to think rationally.
"If these other two gentlemen had been intending to steal $65 million, they would have not have included a bad alcoholic," Shuffett said. "That's insane."
Shuffett described Gallion, Cunningham and Mills as personal injury lawyers who may not have been able to grasp the complexities of the class action settlement.
"I don't think they've figured out how to read that settlement agreement yet," Shuffett said. "It's too complicated."
Stephen Dobson, who represents Cunningham, sought to minimize his client's role in the settlement and anything that may have gone wrong.
"Mr. Cunningham gave no instructions, no directions," Dobson said.
Dobson said Cunningham lacked criminal intent in handling the settlement, a key ingredient in proving fraud charges.
The case has been closely followed in Kentucky and the horse racing industry because Gallion and Cunningham are part-owners of 2007's Horse of the Year, Curlin.