Saturday, October 20, 2007

Petition for Cert Filed in Rigas Cases

A petition for certiorari (available below) was filed on behalf of Timothy and John Rigas, former CFO and CEO of Adelphia. The elder Rigas, now 82 years old, is serving a 15-year sentence, and Timothy is serving 20 years.  A couple of fascinating questions are raised for the Supreme Court to consider. One issue relates to GAAP [Generally Accepted Accounting Principles], and whether it is possible that the level of proof could be lower in a criminal case, with liberty interests at stake, than in a civil case?  Should the government be required to present certain evidence to meet its burden of proof on the GAAP issue? These are some of the questions under review.

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Download cert_petition_101007.pdf

http://lawprofessors.typepad.com/whitecollarcrime_blog/2007/10/petition-for-ce.html

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