Saturday, October 20, 2007
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.