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To: marcos who wrote (6007)1/15/1998 7:55:00 PM
From: Bucky Katt  Read Replies (1) | Respond to of 116805
 
Marcos--There is a GOD>>Charles Keating's state securities fraud
convictions were reinstated by a federal appeals court Thursday, a
ruling that could send the symbol of the savings and loan scandal
back to prison.

Keating's savings and loan was accused of defrauding thousands of
Lincoln Savings investors who bought high-risk junk bonds. He was
convicted in both state and federal courts and served four years in
prison, but both convictions were overturned.

Keating was released from prison in 1996 with less than a year left
on his state convictions before becoming eligible for parole, and
about seven years left on his federal sentence.

In the California case, U.S. District Judge John Davies ruled in
April 1996 that Superior Court Judge Lance Ito, who presided over
Keating's state trial, should have told jurors they could convict him
only if the employees selling bonds had intended to defraud
customers.

The three-judge federal panel unanimously ruled on Thursday that
Davies should not have considered Keating's appeal because the
issue was not presented in an earlier, unsuccessful state appeal. The
court ordered the appeal dismissed and said Keating must return to
state court before refiling his federal appeal.

Deputy District Attorney William Hodgman, who prosecuted
Keating, said prosecutors were contacting prison officials to arrange
Keating's return to custody.

"For so many thousands of people who felt that our victory in state
court was a triumph of justice and had that taken away, this is a
great day,'' Hodgman said.

Keating's lawyer said he would appeal to authorities' "sense of
fairness and sense of order'' to let Keating remain free until his
appeal is resolved.

"The man has spent almost five years in prison on convictions that
have major flaws,'' Stephen Neal said. "He's 74. ...He's never going
to run anywhere.''

Neal said he did not consider Thursday's ruling a serious setback.
He said he would probably go back to U.S. District Court on
another issue that Davies also decided in Keating's favor: that the
jury was given the option of convicting him as a direct perpetrator
of fraud - not merely as an aider of fraudulent sales - without
having to decide whether he intended to defraud investors.

Keating was known for huge salaries, a high-flying lifestyle and
political influence that tarred the reputation of the "Keating Five'' in
the U.S. Senate.

The unsecured bonds were issued by Lincoln's parent, American
Continental Corp. The $3.4 billion collapse of Lincoln in suburban
Los Angeles made the bonds worthless and left investors, many of
them elderly, out nearly $200 million.

The federal convictions against Keating were overturned in
December 1996 by U.S. District Judge Mariana Pfaelzer in Los
Angeles, who said some jurors learned about Keating's state court
conviction and discussed it. The government has appealed
Pfaelzer's ruling and could retry Keating if the ruling is upheld.

Chalk up one for truth, justice, and all that stuff.
Sorry Marcos, slightly off topic, but it does have implications to
the "hard asset" crowd.



To: marcos who wrote (6007)1/16/1998 8:42:00 AM
From: Dwight Taylor  Respond to of 116805
 
Marcos--<< viva el oro >> me gusta el, si?