Friday, July 20, 2007

New Twist in the Case Against One of Stockman's Co-defendants

When David Stockman, the former Director of Management & Budget under President Ronald Reagan, was indicted, there were several co-defendants included in the indictment.  One of these co-defendants filed a motion this week asking for the recusal of the AUSA on the case. The motion discusses the breakdown in proffer negotiations with the government and asks for the recusal of the AUSA from this case "because her representation of the government at trial will violate the unsworn witness rule."  But the motion also raises a serious concern, and one that may become the focus of this case should it proceed to trial.  That issue may be whether the AUSA "threatened [the accused] with conviction and life imprisonment under the U.S. Sentencing Guidelines, specifically detailing how the Guidelines would be applied, if he did not plead guilty and cooperate against Co-defendant Stockman."  Whether there is merit to this allegation, and whether this warrants recusal, remains to be seen.

Motion here -

Download motion20to20recuse20ausa20cantwell.pdf

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2007/07/when-david-stoc.html

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