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Strategies & Market Trends : The Residential Real Estate Crash Index -- Ignore unavailable to you. Want to Upgrade?

To: Elroy Jetson who wrote (91178)	10/4/2007 5:21:27 PM
From: Lizzie Tudor	Read Replies (1) \| Respond to of 306849

well Elroy, I would say that in this case the following happened: In presenting their case they can tell a story that the CEO deceived the Accounting Department so long as they don't know that to be false, even though they might have found contradicting witnesses. They DID know it to be false, there is no denying it. I guess my question was around whether "closing arguments" and prosecutorial claims in a trial are OPINION on the part of prosecutors or supposed fact. In this case the prosecutors blatantly lied (they said the CFO was held "in the dark" by the scheme and a week later they charged the CFO and announced he had received 800K backdated options). If closing arguments are opinion they can get away with it. If they are supposedly fact then it seems like a whole set of protections would kick in, tossing out the case etc. Lying prosecutors don't help anybody. In this case they probably would have gotten a conviction anyway (although maybe not a criminal conviction which requires criminal intent which is probably what they wanted). For now nobody much cares because CEOs are the citizenrys punching bags for corruption at this moment in time. But time will pass and at some point you will have a story in the mercury news or somewhere about the blatant lying by the prosecution and the terrible effect this had on this family and their kids... blah blah and it is pretty easy to see that prosecutorial misconduct was involved. Then it goes in the "bad prosecutions" file along with the Duke victims, Mrs. Patsy Ramsey and various other OBVIOUS bad prosecutions and then next thing you know juries are letting Phil Spector walk.