Michael Cohen’s lawyer cited three fake cases in possible AI-fueled screwup

Enlarge / Picture of attorney David Schwartz from his website. (credit: David Schwartz)

A lawyer representing Donald Trump’s former attorney Michael Cohen filed a court brief that cited three cases that do not exist, according to a federal judge. The incident is similar to a recent one in which lawyers submitted fake citations originally provided by ChatGPT, but it hasn’t yet been confirmed whether Cohen’s lawyer also used an AI tool.

“On November 29, 2023, David M. Schwartz, counsel of record for Defendant Michael Cohen, filed a motion for early termination of supervised release,” US District Judge Jesse Furman wrote in an order to show cause yesterday. “In the letter brief, Mr. Cohen asserts that, ‘[a]s recently as 2022, there have been District Court decisions, affirmed by the Second Circuit Court, granting early termination of supervised release.'”

Schwartz’s letter brief named “three such examples,” citing United States v. Figueroa-Florez, United States v. Ortiz, and United States v. Amato. The brief provided case numbers, summaries, and ruling dates, but Furman concluded that the cases are fake.