9th Circuit Tosses Conviction of Brocade Ex-CEO, Cites Prosecutor Misconduct
From the American Bar Association
A federal appeals court has overturned the backdating conviction of the former CEO of Brocade Communications, saying the trial of Gregory Reyes was tainted by a prosecutor’s untrue statement to the jury.
The San Francisco-based 9th U.S. Circuit Court of Appeals ruled today, tossing Reyes’ 21-month sentence for backdating stock options and ordering a new trial, the San Jose Mercury News reports.
The newspaper calls the ruling “a sharp rebuke to the federal government in its signature prosecution arising from the scandal over the rigging of stock options in Silicon Valley.”
I love that the Reyes’s conviction was overturned; however, I don’t understand why there will be a new trial? On what grounds do the prosecutors have to continue this already “tainted” case? Greg and his family have been through enough, and clearly they don’t have anything on him. The judge needs to throw this whole thing out and move on to real criminals.
The only problem is that the US Attorney’s office will probably go through the effort of another trial again. It is obvious that they want to win at all costs and sacrifice justice upon the altar of hubris.
I think it would be reasonable for a CEO to rely on their finance department to know what was going on with the company finances. And the FBI’s investiations proved that they were indeed aware of exactly what was going on, the prosecutors just chose not to share that with the jury.
The prosecution is arguing false statements knowingly? Shouldn’t the government be heald at a higher standard and shouldn’t they hold themselves to a higher standard? Such a disapointment in our system.
The government should indeed be held to a much higher standard. They are the ones we are supposed to trust and have faith in. Now we can’t trust our government to protect our rights? We have to be worried they may make up lies and mislead the court?
What is going through a prosecutor’s head when they are deliberately making up false statements about the defendant? Do they not know that eventually the truth will come out? Don’t they have a reputation they would like to protect?
I can not believe what I was reading today. The Assitant US Attorney is still considering trying retrying ALan Leeds. What is this if it first you don’t succeed keep trying until you do? That is not justice it is vigalantism.
The case was most certainly tainted by the prosecutors misconduct… This was definitely not a fair trial when you have the government lying to win.
“If at first you don’t succeed, try again” is supposed to be positive. This is not positive. If you don’t succeed when lying the first time lie better the next time? Is that what they are thinking they will do in the next case?
This is so boggling to me that the prosecutors representing our United States Government could out-write lie in their closing arguments to the jury, just for a win. Do they have no soul? Are they not thinking about an innocent man’s life and family?