Levidow, Levidow and Oberman sanctioned for ChatGPT fabricated citations

Attorneys Schwartz and LoDuca of Levidow, Levidow & Oberman used ChatGPT to generate legal research, which produced six fake judicial opinions. The court sanctioned the firm and the attorneys with a $5,000 fine after the fabricated citations were discovered.

Levidow, Levidow and Oberman · Incident Jun 22, 2023 · Indexed Jun 5, 2026 · 3 sources

The AI generated plausible-sounding legal citations that did not exist in any judicial database.
What
Attorneys Schwartz and LoDuca of Levidow, Levidow & Oberman used ChatGPT to generate legal research, which produced six fake judicial opinions.
Incident date
Jun 22, 2023
Who
Levidow, Levidow and Oberman
Failure mode
Hallucination
AI surface
Chatbot
Severity
Medium

What happened

Attorney Steven Schwartz and his firm submitted a court filing in Mata v. Avianca that included six fabricated citations generated by ChatGPT. The court discovered the fakes, and Judge P. Kevin Castel sanctioned the lawyers and their firm with a $5,000 fine.

What broke inside the model

Failure path · mode profile · Hallucination
  1. 01 · TriggerA user asks for a fact, a citation, or a figure.
  2. 02 · Model stepThe model writes a fluent, confident answer.
  3. 03 · Control gapNothing ties the claim back to a real source.
  4. 04 · FailureA fabricated fact ships as if it were verified.
  5. 05 · ConsequenceThe false claim reaches a customer, a court, or the public.

Confidence holds, and even spikes, as the claim detaches from any source.

The root cause was the large language model generating fabricated but plausible-sounding citations. The attorneys did not verify the cited cases using traditional legal databases, allowing the misinformation to be submitted.

Public visibilityHigh
Regulatory exposureActive
Customer impactMany customers
Financial impactDisclosed
Time to disclosureWeeks
  1. PressNew York lawyers sanctioned for using fake ChatGPT cases in legal briefreuters.com
  2. PressTwo US lawyers fined for submitting fake court citations generated by ChatGPTtheguardian.com
  3. Reader-SubmittedMata v. Avianca, Inc. - Wikipediaen.wikipedia.org
Permalinkhttps://failureindex.ai/failures/levidow-levidow-oberman-sanctioned-chatgpt-fabricated
CitationAI Failure Index. "Levidow, Levidow and Oberman sanctioned for ChatGPT fabricated citations" (FI-0206). Realm Labs. https://failureindex.ai/failures/levidow-levidow-oberman-sanctioned-chatgpt-fabricated (indexed Jun 5, 2026).
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Data fields CC-BY 4.0, prose citation permitted. Incident ID FI-0206. Full dataset at /data.

Note from Realm Labs, the Index steward

How Realm would have caught this

Controls for this failure mode
  • Prism
  • OmniGuard
  • AI Detection & Response (AIDR)

A runtime layer that watches the model's internal state can flag the moment a model commits to a claim it has no support for, and hold or reroute the response before it reaches a user. Realm reads those signals in real time rather than grading the transcript after the fact.