Thursday, April 24, 2008
The government first proceeded with a criminal action against a former AOL executive. (see here and here). After a "not guilty," was returned by the jury, the government tried the civil route. Because the government has the ability to use parallel civil proceedings, they can proceed twice with basically the same evidence and not be precluded by claims of double jeopardy.
Although the government has the right and power to try a second time in a different forum, the results did not change with respect to the former AOL exec. The jury returned another win for the defense, resulting in a finding against the government's civil fraud charges. (see here)
Attorney Hank Asbill, a partner at Dewey & LeBoeuf LLP, and attorney for the AOL exec, will be speaking as the keynote speaker at the forthcoming White Collar Crime Institute at Stetson U. College of Law's Tampa campus in Florida on May 8, 2008. To attend this function, see here. See here for more details.