Sexual assault charges dismissed against Sherman Oaks millionaire

A judge dismissed all criminal charges Tuesday against a Sherman Oaks millionaire who was accused of sexually assaulting three women in 2014 and 2015, officials said.

Michael Bernback, 65, was charged in 2015 with eight felonies, including forcible rape, rape of an unconscious person and administering a drug to commit rape, according to the Los Angeles County district attorney’s office.

But on Tuesday, Bernback’s attorney said the defense team “presented evidence to prosecutors that contradicted the claims of his accusers.”

“Michael Leslie Bernback was vindicated today when the Los Angeles County district attorney’s office asked the court to dismiss all charges against him,” attorney Blair Berk said in a statement. “Mr. Bernback maintained his innocence from the start.”

Bernback once appeared on the Bravo TV show “Millionaire Matchmaker” and said his net worth was more than $8 million. Police said the alleged assaults took place in his Sherman Oaks home.

Ricardo Santiago, a spokesman for the district attorney’s office, said a judge granted a defense request to dismiss all charges after prosecutors said they would be “unable to proceed with the preliminary hearing.” He did not elaborate.

Los Angeles Police Lt. Jim Gavin, commanding officer of the Van Nuys detectives who investigated the case, said Tuesday that prosecutors had become concerned about the nature of the consent given by the women before engaging in violent sex with Bernback.

Bernback contacted women on adult dating websites, including SugarDaddy.com, seeking S&M relationships with them, according to Gavin. The women accused Bernback of becoming far more aggressive than they initially agreed on, which constituted assault, Gavin said.

“He actively pursued women who were advertising S&M and then there was an agreement made, and when they arrived, he went beyond what they believed was the agreed sexual act,” he said.

An exchange of “money for sex” took place in each encounter, Gavin said. Earlier this year, Gavin said, the LAPD believed Bernback had assaulted at least eight women. On Tuesday, he said the department might still consider presenting two additional cases for filing against Bernback.

“This is a new form of prostitution, and it’s a new way for sexual predators to take advantage of young women, and it’s disappointing,” he said.

When charges were announced against Bernback in 2015, prosecutors said he was in possession of ecstasy, cocaine and GHB. Bernback was also accused of tying up one woman during an alleged sexual assault, prosecutors said.

Last month, an unidentified woman described as one of Bernback’s victims spoke at an LAPD news conference and accused him of assaulting her in his home after they spoke through a dating website for several weeks.

In a statement, Berk said Tuesday’s decision highlighted the flaws in the LAPD’s initial investigation and gave her client a chance to rebuild his life.

“It is now clear that Mr. Bernback should have never been arrested and charged,” the statement read. “Moving forward, Mr. Bernback will attempt to regain his reputation and put this terrible ordeal behind him.”

james.queally@latimes.com

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