May 28 (Reuters) - A U.S. law firm said it unknowingly
filed fraudulent claims in a $5.6 billion antitrust settlement
with Visa and Mastercard ( MA ), telling a judge it was "embarrassed"
and would strengthen its review process.
The firm, New York-founded Milberg Coleman Bryson Phillips
Grossman, said in a Brooklyn federal court filing on Friday that
it received paperwork from a "referral" source and then
submitted the material to a claims administration company as
part of the process for clients to receive money from the
settlement.
A class of 12 million retailers in the case accused Visa and
Mastercard ( MA ) of improperly fixing credit and debit card fees. The
companies denied any wrongdoing in reaching the settlement,
which a court upheld last year.
Milberg told attorneys for the class that the firm had
withdrawn 30 "proofs of authorization" following an
investigation that began in early May. Milberg was not involved
in negotiating the settlement but represented clients seeking a
piece of the fund.
Milberg and attorneys for the retailer plaintiffs did not
immediately respond to requests for comment on Tuesday. Visa and
Mastercard ( MA ) also did not immediately respond to similar requests.
A judge on Sunday set a June 6 deadline for class counsel
and Milberg to submit more information about the false claims.
U.S. courts have faced mounting questions about false claims
being submitted in multimillion-dollar class action settlements.
Milberg in Friday's court filing said the disputed "claims
somehow slipped through without detection." The firm said in the
filing, jointly submitted with plaintiffs' counsel, that "we are
strengthening our internal audit and review procedures so that
this will not happen again."
Milberg said it was undertaking an audit of every claim it
has submitted to the court. It asked for time to provide the
court "a more complete and detailed analysis of all claims
submitted by the firm."
The firm said it was "fully cooperating" with attorneys for
the class.
Class lawyers said some of the submissions were purportedly
from household name multinational companies and that even a
"cursory" review showed the filings to be fraudulent.
The case is In re Payment Card Interchange Fee and Merchant
Discount Antitrust Litigation, U.S. District Court, Eastern
District of New York, 1:05-md-01720-MKB-VMS.
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