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To: Elroy Jetson who wrote (91172)	10/2/2007 10:43:45 PM
From: Lizzie Tudor	Read Replies (1) \| Respond to of 306849

OK I know there are lawyers here. Is this legal, I find this very disturbing and I would feel the same way for any criminal trial. 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 legalpad.blogs.fortune.com But from one of the witness depositions, the chief accounting officer (Bossi) and CFO (Byrd)said, ??On at least two occasions, BOSSI informed Canova that it appeared Reyes was performing a lookback for option pricing purposes, and complained about the administrative headache the practice caused finance. . . . BOSSI did not initially see the lookback as posing any major accounting issues as long as a grant was made within the quarter.?? (Report of 11/29/05 Bossi interview, at 8 (emphasis added.))2 ?? ??BOSSI??s April 22, 2003 email to June Weaver explained??BOSSI thought that it might be allowable to ??look back?? within a fiscal quarter in the context of a committee of one.?? (Report of 7/13/07 interview, at 1 (emphasis added.))3 When Mr. Reyes' counsel subsequently deposed Bossi and Byrd, they invoked the Fifth Amendment in response to all questioning. and then after the trial, BROCADE CFO CHARGED IN BACKDATING (although prosecutors said he was "fooled') Marmaro wouldn't comment Friday, but in a motion for a new trial that Marmaro filed last week, he says that prosecutors knowingly misstated Byrd's role in granting options to employee Richard Geruson. "The prosecution misled the jury" by saying that Reyes had fooled Byrd, Marmaro wrote. The SEC also says Byrd received backdated options for 800,000 shares of stock. law.com