BARTALK

WILL AN EX-NIXON PEABODY PARTNER GO TO JAIL FOR A DOZEN YEARS?

Prosecutors ask for a lengthy sentence for role in $20 million Ponzi scheme.

FORMER NIXON PEA-

body securities partner convicted of backdating documents for a Beverly Hills businessman as part of a $20 million Ponzi scheme should be sentenced to 12–15 years in prison, according to a court document filed by federal prosecutors in response to a U.S. Probation Office’s presentence report.

The recommendation, filed under seal in early July, found that David Tamman, convicted on November 13, 2012 for his role in the Ponzi scheme masterminded by John Farahi, should serve at least 12 years and seven months and as much as 15 years and eight months.

Tamman’s attorneys objected to the report. “The [presentenc-ing report] repeatedly holds Mr. Tamman accountable for con-

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duct by Mr. Farahi without evidence that Mr. Tamman knew or reasonably should have known of that conduct,” wrote attorney William Genego of the Law Offices of William Genego in Santa Monica in a July 1 filing. For instance, Tamman was aware of only $3 million in investor losses, not $22 million.

Tamman, who worked for Nixon Peabody from February 2007 to October 2009, was suspended by the State Bar of California on February 18 following his conviction on 10 counts, including conspiracy to obstruct justice, alteration of records, and mail fraud. He faces a statutory maximum sentence of 190 years.

Tamman’s sentencing was de-
layed after he brought in David
Duncan at Zalkind Duncan &
Bernstein in Boston to replace his
trial attorneys, Stanley Stone and
Steven Stone of Stone & Stone in
Encino, California. Duncan, his
lead attorney, declined to com-
ment.

It’s easy to get caught up in day-to-day business and not see potential hazards ahead.

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