Monday, October 3, 2005
Many white collar cases have a civil side to them that often operates as a parallel proceeding to the criminal action. With administrative agencies such as the SEC and IRS bringing civil actions that focus on conduct similar to that covered in the criminal matter, the white collar defense attorney needs to coordinate many aspects to the criminal case. It comes down to thinking about the case globally.
An example of this is seen this week. Despite being found not guilty of criminal charges, Richard Scrushy, former CEO of HealthSouth, still has a civil action hanging over his head. According to the Mercury News (AP) here Scrushy is trying to have the civil SEC action against him dismissed. With a briefing schedule that goes through November 14 on the dismissal motion, it may be a awhile before we know the court's position on this matter.