Judge throws out stock fraud charges against Broadcom co-founder, ex-CFO
A federal judge throws out high profile criminal fraud charges against Broadcom Corporation’s co founder Henry T. Nicholas II and its former Chief Financial Officer when discovering a prosecutor’s attempt to intimidate witnesses and obtain unjustified convictions.
Less than a week ago, Judge Cormac Carney overturned a guilty plea by Henry Samueli, Broadcom’s co founder. Carney also dismissed a lawsuit that the SEC filed against Broadcom executives. “This was the ultimate vindication for Broadcom,” Samueli stated. Samueli and Nicholas sobbed while William Ruehle (CFO) thanked Carney and hugged his attorney when the judgment was given.
Nicholas issued a statement stating how deeply grateful he was for Carney’s decision and that Carney reaffirmed his belief and faith in the justice system. Carney said the government’s treatment of Samueli “was shameful and contrary to American values of decency and justice.” Carney even went further calling Samueli “a brilliant engineer and man of incredible integrity.”
Carney has scheduled a hearing on February 2nd regarding whether or not to dismiss additional criminal charges against Nicholas, in which he pleaded not guilty to. (Nicholas was accused of providing drugs to friends and business associates). Carney suggested that that government’s conduct might have prejudiced its drug case against Nicholas.
By Stuart Pfeifer and E. Scott ReckardAccusing prosecutors of a “shameful” campaign to intimidate witnesses and obtain unjustified convictions, a federal judge threw out high-profile criminal stock fraud charges against Broadcom Corp. co-founder Henry T. Nicholas III and the company’s former chief financial officer.
U.S. District Judge Cormac J. Carney issued his ruling Tuesday, less than a week after he overturned a guilty plea by company co-founder and Anaheim Ducks owner Henry Samueli.
The judge also dismissed a civil lawsuit that the Securities and Exchange Commission had filed against Broadcom executives, wiping away misconduct allegations that had plagued the Irvine-based microchip giant for years.
This seems to be becoming a theme in the prosecutor’s cases. They misled the jury and bullied witnesses in the Brocade case as well.
“I have a solemn obligation to hold the government to the Constitution. I’m doing nothing more and nothing less.”
Said by Judge Carney in this Broadcam case. Thank God somebody is holding the government to a higher standard.
It boggles the mind to think that these are the same US Attorney’s that may be trying someone in a capitol case. What is someone to do if this happens when someone’s life hangs in the balance?
His life is hanging in the balance, his family life. It’s not right.
By these Judges dismissing the cases, it does actually reaffirm your faith in the justice system.
This is kind of humiliating for the government, intimidating witnesses and misleading the jury all for a “win”. If you win don’t you want to win with integrity?
Judge Carney’s decision reaffirmed many of our beliefs and faith in the justice system. It is hard to watch a government prosecutor just mislead the court, but it’s good to see that he won’t get away with it. Hopefully it’ll work that way in the Brocade case.
These prosecutors were trying to “obtain unjustified convictions”… Isn’t there a pretty intense program lawyers go through to learn the ropes of a trial? I’m not a lawyer, but I think I could tell the difference between someone who deserves jail time and someone who does not. And I am pretty sure I would know not to lie or mislead the jury just to convict someone.