Federal prosecutors have accused Loughlin and her fashion
designer husband Mossimo Giannulli of paying $500,000 to get
their two daughters admitted to the University of Southern
California through bribery as purported crew recruits.
They are among 51 people charged since March with participating
in a vast scheme in which wealthy parents conspired to use
bribery and other forms of fraud to secure admission of their
children to top universities.
Prosecutors claim they did so with the help of William "Rick"
Singer, a California college admissions consultant who has
pleaded guilty to helping bribe university sports coaches to
present clients' children as fake athletic recruits.
Both Loughlin and Giannulli have pleaded not guilty.
At Tuesday's hearing, a federal magistrate judge questioned
Loughlin and Giannulli about whether they were aware of the
risks posed by their decision to be jointly represented by the
law firm Latham & Watkins.
U.S. Magistrate Judge M. Page Kelley told them the choice could
hamper their individual defenses. For example, if one wanted to
testify at trial, their lawyers might not want that because it
could hurt the spouse's defense, she said.
"You need to have the undivided loyalty of counsel," she said.
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But the judge said she would allow Loughlin and Giannulli to waive
the conflict after both confirmed they wanted to continue being
represented by Latham.
"My clients do have a united front," William Trach, a lawyer at
Latham, said.
Prosecutors had also previously questioned whether Latham needed to
be disqualified as it counted USC as a client, but Assistant U.S.
Attorney Eric Rosen said that was no longer an issue after the firm
ceased working for the school.
The judge withheld immediately ruling on whether another, smaller
firm retained by Giannulli may need to be disqualified because it
also represents a cooperating witness, but Kelley said she likely
would allow the conflict to be waived.
Thirty-four parents have been charged in the college admissions
scandal. Of those, 15 have agreed to plead guilty, including
"Desperate Housewives" TV star Felicity Huffman. She is scheduled to
be sentenced on Sept. 13.
(Reporting by Nate Raymond; Editing by Scott Malone, Bill Berkrot,
Tom Brown and Richard Chang
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