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Ashurst Perkins Coie Sued Over Representation of Real Estate Investment Ponzi Scheme

Reported by Law
Sep 16, 2026· 3 min read
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Key Takeaways
  • • Ashurst Perkins Coie faces a $50 million legal malpractice lawsuit filed in King County Superior Court, Washington, by two former co-trustees of iCap Enterprises alleging the firm knowingly aided and abetted a real estate investment Ponzi scheme while collecting approximately $3 million in billings.
  • • iCap Enterprises, founded in 2007 by brothers Chris and Jim Christensen, allegedly defrauded investors of approximately $230 million through false representations about security, profitability, and liquidity of private debt and equity securities offerings.
  • • The law firm began representing iCap in 2011 and allegedly discovered the scheme's Ponzi structure but remained engaged and collected millions in fees while investors sustained massive losses; the fund filed for bankruptcy in September 2023 reporting up to $500 million in liabilities and approximately 1,800 creditors.
  • • Plaintiffs Seth Freeman and Lance Miller assert that Perkins Coie "enabled" the fraud rather than withdrawing representation, with the complaint alleging the firm made millions while investors lost hundreds of millions of dollars.
Summary
Ashurst Perkins Coie, a merged international law firm, is defending against a substantial legal malpractice claim centered on its representation of iCap Enterprises, a real estate investment vehicle that operated as an alleged Ponzi scheme. The lawsuit, filed in September 2026 in King County Superior Court, was brought by Seth Freeman and Lance Miller, former co-trustees and investors in the now-defunct iCap Trust. The plaintiffs allege that the law firm not only became aware of fraudulent operations but actively facilitated the scheme while generating substantial legal fees from the arrangement.

iCap Enterprises was established in 2007 by brothers Chris and Jim Christensen as a real estate investment portfolio company. Between 2011 and 2023, the Christensens created a series of subsidiaries through which they solicited investor capital by making false and misleading representations regarding investment security, profitability, and liquidity. Perkins Coie entered into a client relationship with iCap in 2011, positioning the firm to have direct visibility into the entity's operations and financial structure throughout the alleged fraud period.

The scale of investor losses is substantial: Freeman and Miller allege that approximately $230 million was stolen or squandered from investors across the United States and international markets. When iCap filed for bankruptcy protection in the Eastern District of Washington in September 2023, the petition disclosed liabilities reaching up to $500 million and identified approximately 1,800 creditors. The complaint asserts that despite discovering iCap's Ponzi scheme structure, Perkins Coie chose to remain engaged with the client and continued to collect fees, ultimately accumulating nearly $3 million in billings throughout the engagement.

The core allegation is that Perkins Coie was "complicit in the fraud" rather than fulfilling its professional duty to withdraw representation upon discovery of illegal activity. The plaintiffs contend that the firm prioritized fee generation—making "millions of dollars"—over legal and ethical obligations to cease facilitating the scheme. As of the filing date, Ashurst Perkins Coie had not issued a public response to the allegations.

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Sources

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Law Ashurst Perkins Coie Sued Over Representation of Real Estate Investment Ponzi Scheme