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To: Elroy Jetson who wrote (91357)	10/4/2007 7:35:20 PM
From: Lizzie Tudor	Read Replies (1) \| Respond to of 306849

But you did say the prosecution in this case did not interview witnesses who may have given them the correct information, so it doesn't sound like there's a way to prove the prosecution knew. well, like I said, there is a "legalese" way of getting around this rule and that is what they are doing. So they probably can't be disbarred, but anybody that really looks into it can see that there were some ethical standards broken. The "catch" that they are using is that the DOJ did not interview the CFO and accounting staff.... that "other agency" the SEC did. But the 2 teams work together and obviously know what each other are doing, and the SEC cut deals with the finance people so they would plead the 5th so the defense couldn't call them in the trial, promising them immunity- until one week after the conviction when they indicted them- even though the claims in the trial were that the finance people were completely innocent of any wrongdoing. It was a sting operation. I don't think the current DOJ is anti-business, but I think they are anti silicon valley and corrupt just in general. But the problem is once you see this how many other white collar criminal trials are corrupt? SEC Charges Brocade's Former CFO in Backdating Case Michael Byrd helped the government convict his former boss, Greg Reyes, but his deal with the SEC ultimately collapsed "As the lead prosecutor correctly observed in closing argument, there was absolutely no evidence suggesting that Mr. Byrd had any awareness of the option practices at issue," he wrote, adding that "the SEC's complaint against Mr. Byrd advances a radically different theory, one completely at variance with the voluminous evidence presented during the recent Reyes trial." law.com