To: Sr K who wrote (69006 ) 9/21/2007 9:23:41 PM From: Lizzie Tudor Read Replies (3) | Respond to I'm sure he is appealing but the point is that this should never have gotten this far. I am starting to wonder if they bent or broke laws to get Reyes in order to go after the much bigger fish Jobs. I don't know.fortunelegalpad.files.wordpress.com fortunelegalpad.files.wordpress.com On a tangential note, in their desperation to win their challenging case against Reyes, the prosecutors seem to have engaged in some unbecomingly fancy footwork, judging from both the motion to dismiss the indictment that Reyes’s counsel Richard Marmaro filed this past weekend and, to an even greater degree, the government’s legalistic response to it. It appears from the papers that the prosecutors bringing the criminal case have, at the very least, tried to present to the jury a much cleaner and more simplistic picture of what was happening at Brocade than was really the case. The prosecutors have argued to the jury, for instance, that officials in Brocade’s finance and accounting department “didn’t know a thing” of Reyes’s backdating and were deceived by him, but they’ve failed to call many of the key finance officials in question, several of whom have given statements to the FBI and SEC, according to Marmaro’s motion, suggesting considerable knowledge of and acquiescence in at least certain backdating transactions. Indeed, the SEC has charged Brocade’s former CFO Antonio Canova in a civil case, alleging that “he knew, or was reckless in not knowing,” that Brocade was backdating options and not accounting for them properly.legalpad.blogs.fortune.com
