Willkie Farr co-chairman to plead guilty in college admissions case, out as a partner

In December, Willkie Farr & Gallagher LLP co-chairman Gordon R. Caplan was in Palo Alto announcing the international law firm’s expansion into the lucrative Silicon Valley market. On Friday, Caplan confirmed he was out at the firm and said he would plead guilty for his role in the national college admissions scandal.

The news completed a swift fall from grace for an attorney known for his roles in huge corporate mergers and a high-profile representation of an Iranian girl attempting to come to the United States for medical treatment.

Caplan was charged on March 12 with conspiracy to commit mail fraud as one of 33 parents implicated in a federal college admissions sting dubbed Varsity Blues. Federal authorities recorded his phone calls with William Rick Singer, a Sacramento-area man who ran a private college admissions counseling company and has admitted being the ringleader of the scheme.

Caplan discussed paying $75,000 for Singer’s help in rigging an ACT exam to help his daughter get a higher score by paying off a test proctor.

Willkie Farr released a statement Friday: “Mr. Caplan’s departure is a result of his involvement in the college admissions matter and his recent statement regarding his intent to plead to a criminal charge.”

Caplan appeared in federal court in Boston on March 29. He’s represented by Joshua S. Levy and Michael G. McGovern, Boston-based partners with Ropes & Gray LLP, and partner Patrick J. Smith of Smith Villazor LLP in New York. United States v. Caplan, 19-MJ02400 (S.D. N.Y., filed March 12, 2019).

In a statement from Ropes & Gray, Caplan denied his daughter was involved in the scheme. The statement noted she is still a junior in high school and “has not yet applied to college.”

“She had no knowledge whatsoever about my actions, has been devastated to learn what I did and has been hurt the most by it,” Caplan said. “My immediate goal is to focus on making amends for my actions to try to win back the trust and respect of my daughter, my family, and my community.”

The charge against Caplan could carry a sentence of up to 20 years and a $250,000 fine. Penalties in these cases are generally not expected to be nearly that high, though, as most of the defendants do not have prior criminal convictions.

Defendants accused of similar crimes include actresses Felicity Huffman and Lori Loughlin. Loughlin allegedly paid bribes totaling about $500,000. Huffman allegedly paid $15,000 in a test cheating scheme.

Caplan posted $500,000 bail.

He isn’t the only attorney implicated in the sting. Elizabeth M. Kimmel — a Harvard Law School graduate, inactive member of the California Bar and president of San Diego-based Midwest Television — was also charged. Her husband, Gregory A. Kimmel, a former deputy district attorney in Los Angeles and San Diego counties, has not been charged.

Many of the parents charged sought to have their children admitted to elite institutions based in California, including Stanford University, USC, UC Berkeley and UCLA. With that in mind, state legislators last week introduced a six-bill package aimed at stopping future admissions scandals. Proposals include forcing college coaches like Singer to register with the state and banning legacy admissions.