Prosecution in Reyes Case: We Lied. Whoops.
Last week the U.S. Court of Appeals for the 9th Circuit overturned the conviction of Greg Reyes, former CEO of the tech company Brocade, in a case involving the backdating of stock options. Wall Street Journal columnist Holman Jenkins highlights the prosecutorial misconduct that led to he 9th Circuit's decision:
In court, the government insisted over and over that Mr. Reyes had misled his own finance department about the use of "lookbacks" to grant employees "in the money" options without having to expense them (a senseless accounting rule at the time). Never mind that this story flew in the face of the publicly known facts or that the government's sole witness, a junior finance department official, later recanted, saying she had been bullied by prosecutors. Hilariously, even as Justice argued in one courtroom that Brocade's finance department had been kept "in the dark" about backdating, the SEC was simultaneously impaling two former heads of Brocade's finance department for aiding, abetting and benefiting from backdating.
In a final indignity, after Mr. Reyes's conviction, the government admitted it knew its central contention was false, thanks to numerous, immunized statements from finance department officials. As Justice official Amber Rosen told the appeals panel in oral argument this past May: "Defendants aren't entitled to a perfect trial….Misstatements happen."
The 9th Circuit saw things differently:
Defense counsel made no knowingly false statements. The prosecutor did. Indeed, on appeal the government does not seriously dispute the falsity of the prosecutor's statements or the duty of the prosecutor to refrain from making such statements.
Business Week's Peter Burrows notes that the Justice Department turned Reyes, who would have faced 21 months in prison and $15 million in fines if his conviction had been upheld, into a scapegoat for a "gray area" practice "that was common in Silicon Valley in the 1990s."
The 9th Circuit's decision is here (PDF).
[via Bill Anderson at LewRockwell.com]
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Just call me "Broken record" (for those who don't know what a record is....aw, forget it)
Anyway, in our flawless republic, I await the indictment and vigorous prosecution of the lying prosecutor, or at very least the debarment, 'cause all those guys are "officers" of the court, and are soooooooooo honorable.
tap...tap...tap...2 years later...still waiting...any minute now.
Awwww, c'mon now, the prosecutors meant well. Can't we just call bygones?
posting links to LRC?? Does this mean that Reason has finally realized what a dog's breakfast your Ron Paul newsletter coverage was?
or are you trying to poach some traffic and build up trust in order to be in a better position to plunge the knife in again?
Prosecutorial misconduct needs to be covered by sources not guilty of journalistic misconduct.
The DOJ is the last place I'd look to for justice.
It will be interesting to see of SCOTUS overturns this.
of should be if.
The DOJ is the last place I'd look to for justice.
It does kind of sound like the "ministry of truth", doesn't it?
There are a couple of cabinet level departments I'd like to see named more honestly starting with the War Department. A
A few others that spring to mind are:
The Education Prevention Department
Anti-Agriculture Department
The anti-market department
The Nuke department
The Reneging on Promises made to Veterans Department
and gather up HHS, DHS, DOL, DOT and HUD into the "Unconstitutional Activities Department"
-jcr
Oh but what about the fact that Greg Reyes miseled his employees saying backdating is only illegal if you get caught, but if you don't its ok! Give me a break! On 9/11 alone he backdated 100 million in stocks alone and he gets off? Are you kidding me? His partner Neal Dempsey of Bay partners did the same and was in on everything and turned him in , paid over $200k to was his hands of the whole ordeal! The same with CFO Antonio Canova and Attorney Sonsini....THEY ARE ALL CROOKS!
This doesn't make sense to me? How do you not deliberately lie? You would think that if you were prosecuting a big name CEO, like Greg Reyes, and about to ruin his life by sending him to jail, you might have ALL your facts strait so that you did not accidentallly mislead the jury!?
This doesn't make sense to me? How do you not deliberately lie? You would think that if you were prosecuting a big name CEO, like Greg Reyes, and about to ruin his life by sending him to jail, you might have ALL your facts strait so that you did not accidentallly mislead the jury!?
This doesn't make sense to me? How do you not deliberately lie? You would think that if you were prosecuting a big name CEO, like Greg Reyes, and about to ruin his life by sending him to jail, you might have ALL your facts strait so that you did not accidentallly mislead the jury!?
Actually, Reyes did not mislead his employees. The finance department new what was going on all along. If there was any misleading it was done by prosecutors in court!!
Trusting in the system? Do you mean our government? Because to be honest after following the
Reyes case I don't know how much trust I really do have in our government "system".
It's really kind of scary how much power they hold and how they can really get anyone
to say anything.