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Another notable reversal of a high-profile, white-collar conviction

By Douglas A. Berman

Though only a little bit of a sentencing story, all white-collar crime folks should be interested in this news out of the Ninth Circuit (via this piece in The Recorder): The 9th U.S. Circuit Court of Appeals has thrown out Gregory Reyes' conviction for stock option backdating while he was CEO at Brocade Communications Inc. The court ruled that Assistant U.S. Attorney Adam Reeves committed prosecutorial misconduct by saying during closing argument that the entire Brocade finance department was ignorant of the fraud.  "In representing the United States, a federal prosecutor has a special duty not to impede the truth," wrote Judge Mary Schroeder.  Judges Stephen Reinhardt and Louis Pollak, sitting by designation, concurred. The court also upheld the conviction of Brocade HR director Stephanie Jensen, but remanded for resentencing, saying U...continue to full post

Full post as published by Sentencing Law and Policy on August 18, 2009 (boomark / email).