Monday, October 6, 2008
Former General Counsel at McAfee was acquitted in a case of alleged backdating. Dan Levine has a wonderful piece describing the "intent" issue faced by the jury in this case. See Dan Levine, The Recorder, No Charges Stick to Former McAfee General Counsel in DOJ Case Mens Rea is typically the most crucial element in a white collar crime case. This case sends a message to the government that they need to think twice about bringing backdating prosecutions.