Gregory Reyes’ Backdating Conviction is Reversed
The Ninth Circuit court dismissed Greg Reyes’ previous conviction regarding the practice of stock option backdating, which he was accused of doing while working for Brocade Communications Inc as a CEO.
The court stated that the prosecutors lied in their closing argument, and that they impeded the truth.
The court’s statement was backed up by judges Stephen Reinhardt and Louis Pollak, The court also remanded Brocade’s HR director’s sentencing, saying that the residing judge – Charles Breyer shouldn’t have increased her sentence – which was done due to an obstruction of justice charge against her attorney.
Reyes and Jensen were the only executives convicted.
From Legal Pad – California Law blog
The Ninth Circuit has thrown out Gregory Reyes’ conviction for stock option backdating while he was CEO at Brocade Commuunications Inc. The court ruled that the U.S. attorney’s office committed prosecutorial misconduct by saying during closing argument that the entire Brocade finance department was ignorant of the fraud. Assistant U.S. Attorneys Adam Reeves and Timothy Crudo shared closing arguments in the case.
“In representing the United States, a federal prosecutor has a special duty not to impede the truth,” wrote Judge Mary Schroeder [pdf]. Judges Stephen Reinhardt and Louis Pollak, sitting by designation, concurred.
Prosecutors need to be held to a higher standard in order forjustice to previal. I don’t care at what level or whattype of misconduct if a Prosecutor acts improperly it is like putting a hole in a baloon. No matter what size of hole theentire baloon will loose its air.
Great news for Greg!! If the government has to lie and mislead the jury in Greg’s first case what makes them think they’ll have anything on him for a re-trial?
I am glad the case was overturned! Greg is an honorable man. I just don’t believe he would keep the stock option backdating from his finance department and commit this fraud he is being accused of. And clearly it’s not when the prosecutors have to lie about it.
From what I have read the FBI’s investigation revealed that the finance department was aware of the backdating. That being the case it puts an even more sinister light on the prosecutor’s actions against Greg.
This case truly needs to be thrown out. It’s a waste of time and money.
Congratulations Greg!! The truth will reveal itself! We are behind you.
Thank God Greg could rely on the judges in his case.
Even though the conviction has been overturned and there was prosicutorial misconduct they can not be serious and think of retrying Greg again can the? I mean besides the other things I have mentioned they tried him in two court cases with two different thoeries of the same cerumstances. How much more of our tax dollars are they going to waste?
They will try him again and they will loose again because they have nothing on him. They are just looking to win anyway they can, but they won’t. I think it is kind of embarrassing now and definitely a waste of our tax dollars.
All of these backdating cases where prosecutors are lying to the jury for a win makes me nervous. Does this happen often? Are these prosecutors always misleading the juries in every case they are apart of?
I am so elated that the 9th Circuit decided to dismiss the case, especially with what went on with the prosecutors misconduct, however, the case needs to the thrown out all together. This is just ridiculous.
I just recently watched as a prosicutor terrorized jurors and the entire courtroom by using the photos of a man so disfigured and ruined by an accidental dicharge of a shotgun his face was but half there. the prosicutor did this presentation on a large power point screen. she would begin the shock and awe theatrics first thing in the morning. One day she passed out plastic cups to jurors in case they needed to vomit. The judge even allowed a slide show which ran in a loop format of the deceased. This created a hatred and prejudice towards the young defendant whose true persona was destroyed. the prosicutor also intimidated the one witness who would have given the jury reasonable doubt on defendants behalf.that is not even all of the unethical behavior the judge allowed. not the end of the story….The young man was unjustly accused. He now has the same sentence as charles manson. The man in the prosicutors horror show was my beloved father and because of a malicious prosicutor my family will suffer two tragedys. One we can mourn and one we will suffer all our days over. One great young man,with many talents who truly wanted to make a positive impact in his lifetime for the good of society. We are a family destroyed…c j
she
the prosicutor based the case against the young relative of the
Looks like there may be another mistrial? … Check out Realtimecourtstatus.com
So the first case is dismissed for prosecutorial misconduct, yet we are back in court with the same prosecutor and oh what a surprise the defense just asked for another mistrial in the new case…