Fertility Lawyer Loses Appeal

A prominent Orange County attorney convicted of embezzling more than $150,000 from patients whose embryos were stolen by UC Irvine fertility doctors has lost her appeal.

Three judges from the state 4th District Court of Appeal issued their decision Tuesday denying Melanie Rae Blum’s claims of juror misconduct, faulty jury instructions and that she was not allowed to present evidence that would have cleared her.

Blum, who drew national attention for fighting on behalf of fertility victims, was convicted in 2004 on 10 counts of grand theft stemming from cases she handled from 1992 to 1999 with her now former husband, Mark Roseman. She was sentenced to four years in prison. UCI has paid more than $20 million in settlements with more than 100 couples, most of whom Blum represented.

She said she planned to petition the court for a rehearing.

“She was out there working her tail off on these fertility cases, which had her in depositions all over the world,” said Blum’s attorney, Charles M. Sevilla. “When she found out the sorry state of the firm’s client trust account, she made every effort to repay the clients.”

Prosecutors allege that she played an active role in the law firm’s finances and that she and Roseman used settlement money for personal expenses and to keep their struggling law firm afloat.

The criminal case rested largely on testimony from Roseman, who pleaded guilty to similar charges and agreed to testify against Blum. The couple divorced in 2001.

A major element of Blum’s appeal was her contention that she was not allowed to present evidence that would help discredit Roseman, the only witness who directly implicated her, Sevilla said.

The court did not believe additional testimony would have changed the result.

“Roseman’s credibility and character were so tarnished at trial that during closing argument even the prosecutor admitted there was no way to ‘prop him up,’ ” Associate Justice William W. Bedsworth wrote.