NEW YORK, March 20 (Reuters) - A federal judge on
Wednesday declined to sanction Michael Cohen, the former fixer
for Donald Trump, for mistakenly giving his lawyer fake case
citations generated by artificial intelligence, calling the
episode "embarrassing."
U.S. District Judge Jesse Furman in Manhattan also refused
to end court-supervised release for Cohen, who pleaded guilty in
2018 to campaign finance violations and tax evasion and served
time in prison, and suggested Cohen may have perjured himself.
Furman's decision came as Cohen prepares to be a star
witness against Trump in the former president's upcoming
criminal trial in Manhattan.
Trump had pleaded not guilty to 34 criminal counts for
covering hush money payments to porn star Stormy Daniels to aid
his successful 2016 presidential run.
The 2024 Republican presidential candidate and his campaign
have long portrayed Cohen as a serial liar, and Furman's
decision could add fuel to that portrayal.
'UNFORTUNATE EPISODE'
The citations to three nonexistent cases that Cohen, a
former lawyer who has been disbarred, generated through
Alphabet's Google Bard appeared in a filing seeking to
end his supervised release before November.
Cohen's lawyer, David Schwartz, submitted the filing after
his client sought feedback from another lawyer, Danya Perry.
Schwartz said he believed the citations came from Perry, and
citing her reputation as a "renowned and skilled trial lawyer"
did not check their accuracy. He and Cohen later apologized.
In his decision, Furman called Schwartz's conduct "certainly
negligent, perhaps even grossly negligent," but found no
evidence of bad faith to justify sanctions. He also did not
question Cohen's original belief that the cases were real.
But the judge said that given the publicity surrounding AI,
it was surprising Cohen thought Google Bard was a "super-charged
search engine" and not a "generative text service" such as
ChatGPT.
"As embarrassing as this unfortunate episode was for
Schwartz, if not Cohen, the record does not support the
imposition of sanctions," Furman wrote.
Barry Kamins, a lawyer for Schwartz, said he was gratified
by the finding of no bad faith.
Other lawyers have also used fake citations generated by AI.
In his year-end report on the judiciary, U.S. Supreme Court
Chief Justice John Roberts said using AI requires "caution and
humility," and called citing nonexistent cases in court papers
"always a bad idea."
WALKING AWAY FROM RESPONSIBILITY
In seeking to end his supervised release, Cohen said his
recent testimony in New York Attorney General Letitia James'
civil fraud case against Trump demonstrated his "exceptional
level of remorse and a commitment to upholding the law."
But the judge said Cohen's testimony that he had lied when
pleading guilty to tax evasion meant he had committed perjury
when entering what plea, or committed perjury when testifying
against Trump.
"Cohen's ongoing and escalating efforts to walk away from
his prior acceptance of responsibility for his crimes are
manifest evidence of the ongoing need for specific deterrence,"
Furman wrote.
In a statement, Perry called the absence of sanctions
against Cohen an "important win," but disputed Furman's
characterization of Cohen's testimony, noting that the judge in
the civil fraud case wrote "Michael Cohen told the truth."
Perry added: "Defendants often feel compelled to agree to
coercive plea deals under severe pressure. That is exactly what
happened to Mr. Cohen."
A spokesman for U.S. Attorney Damian Williams in Manhattan,
who opposed ending Cohen's supervised release, declined to
comment.