Attorney Sentenced in Tax Case

Veteran criminal defense lawyer Anthony Brooklier was sentenced Wednesday to spend eight months in a community correctional facility and undergo five years of supervised probation for failing to file federal income tax returns for 1993 and 1994.

Brooklier, whose clients have ranged from his late father, Dominic, a reputed Mafioso, to Hollywood madam Heidi Fleiss, could have been sent to federal prison for up to two years.

But U.S. District Judge Christina Snyder said she decided to depart from federal sentencing guidelines because of a number of mitigating factors.

One of those, she said, is that Brooklier has demonstrated a determination to deal with a substance abuse problem that contributed to his flouting of income tax laws.

Snyder did not explain the nature of Brooklier’s drug problem, apparently discussed in detail in a pre-sentencing report submitted to the judge under seal by a federal probation officer.

She also directed that Brooklier, 52, submit to drug tests and undergo psychological counseling during his probation. He also must perform 1,000 hours of community service.

Outside the courtroom, Brooklier’s lawyers, Donald Re and David Chesnoff, declined to elaborate on the judge’s reference to substance abuse, saying that Brooklier was entitled to some privacy as he reestablishes his life.

“Tony is healthy now and he’s staying healthy,” Re said, adding that the circumstances involving Brooklier’s tax problems are “much more complicated” than might be suggested by the courtroom mention of substance abuse.

In remarks to the judge, Brooklier apologized for his misconduct. Although he was charged with failing to file income tax returns for two years, his failure to pay taxes actually spanned a 10-year period.

“I’m very ashamed. I’m very embarrassed,” the Beverly Hills lawyer told the judge.

He thanked Assistant U.S. Atty. Sally L. Meloch, for “giving me a break” by charging him with misdemeanors instead of felonies during a plea agreement negotiated last year.

Brooklier promised the judge that he would do everything in his power to repay more than $400,000 he owes the Internal Revenue Service in unpaid taxes from 1985 through 1996.

Re said Brooklier’s guilty plea should not prevent him from continuing to practice law.

Brooklier first gained attention in the Los Angeles legal community when, just three years out of law school, he defended his father, Dominic, against federal racketeering charges.

Although the elder Brooklier wound up entering a plea and going to prison, the son’s handling of the case won him a reputation for meticulous preparation and a disarming courtroom style.

Since then, Brooklier and his longtime partner, Donald B. Marks, have built a respected white-collar criminal defense practice.

In one of his more celebrated cases, Brooklier defended Heidi Fleiss, who was convicted in federal court of failing to pay taxes on her earnings.

In deciding to reduce Brooklier’s time in custody, the judge said she also considered the fact that he is the sole support of children from a former marriage and was lauded in many letters of support from the legal community.

Brooklier, who is free on bond, was ordered to surrender March 31. He is expected to serve his term at the Gateways Community Corrections Center in Los Angeles. He will be allowed to leave the facility each day to go to work.