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Prosecutors, Agents and Witnesses
Like Queen Elizabeth following her “annus horribilis” of 1992 (which witnessed the marital break-ups of her sons Charles and Andrew and a devastating fire in Windsor Castle), federal prosecutors can hope for a happier year after 2009, which brought highly publicized judicial findings of misconduct by prosecutors in a number of cases, as summarized in the Business Crimes Bulletin's February issue (“DOJ, Heal Thyself,” by Jim Walden and Georgia Winston).
Adverse Decisions
Many of the adverse decisions suffered by the Justice Department during 2009 ' including, most famously, the setting aside of Alaska Sen. Ted Stevens's (R) criminal convictions ' involved discovery violations. But the decision in December by U.S. District Court Judge Cormac Carney to dismiss with prejudice charges relating to the alleged fraudulent backdating of stock options against former Broadcom CFO William Ruehle and the company's co-founder and former CEO Henry Nicholas, III, and to set aside a guilty plea previously entered by Henry Samueli, Broadcom's other co-founder and Chief Technical Officer, turned primarily on findings that the government had intimidated and improperly influenced three witnesses whose testimony was critical to Ruehle's and Nicholas's defenses. (Ruehle's trial was nearly finished when the court issued its ruling; Nicholas's case had been severed and was awaiting trial.)
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