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The concept of fake news has been distorted — perhaps beyond recognition by FPOTUS Donald Trump. But in this case we aren’t talking about journalism that right wing die hards dislike, but a made-up fabricated news source.
Attorney Edward C. Chung of Chung Malhas & Mantel PLLC, representing the heirs of a Saudi sheikh in an arbitration enforcement action against Chevron, is alleged to have penned an article attributed to a fictitious news outlet, the “Saudi Sun,” and tried to submit it to a federal court as evidence.
The arbitration enforcement action was ultimately dismissed by the Ninth Circuit, but before that Chung wanted to file the disputed article on the docket “for demonstrative purposes,” saying it provided “an informative summary of factual and procedural events” related to the arbitration. Chevron’s contested the validity of the arbitration, calling it a “sham” and the case a “fraud” pointing to criminal convictions for those involved in the arbitration.
Ninth Circuit Senior Judge A. Wallace Tashima was appointed a special master to determine the authenticity of the article, as Chung is facing potential sanctions. And if all that wasn’t enough, Chung failed to show up to a hearing in the case, scheduled for last Friday.
As reported by Law360:
Chung had told the court in a letter filed late Thursday that he would be boycotting the hearing, citing professional ethics rules stating that a lawyer may refuse to comply with “an obligation imposed by law upon a good faith belief that no valid obligation exists.”
But that excuse did not seem to carry much weight with Judge Tashima, who said he “wasn’t sure why” Chung was not appearing.
“One reason he gave is that he wasn’t subpoenaed, but of course, he’s counsel of record, and I think that alone would require his presence, especially since he agreed to this hearing date,” the judge said. “I will look into whether, in my view, that’s in direct contempt or not … but it seems to me a woeful failure to comply with an order of the court.”
So to recap: Chung is facing possible sanction over the allegedly fabricated evidence and the judge is looking at potential contempt charges. But Chevron’s attorneys at Gibson Dunn also pointed to allegations Chung’s made about Judge Tashima and Ninth Circuit Judge Eric Miller (who sat on the panel that rejected the arbitration enforcement claim) asking the court to refer Chung for discipline before the Ninth Circuit, before his home bar of Washington state, or both:
“Truly, I’m aghast at the things that Mr. Chung has said about you, about the judges of this court. He’s even dragged in the names of young law clerks whose names now appear in pleadings accusing them of misconduct; he’s made accusations that [U.S. Circuit Judge Eric D.] Miller accepted bribes or favors — I mean, it’s truly outrageous,” said Gibson Dunn & Crutcher LLP partner Anne Champion.
Chung has not commented on the latest development.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).
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