Sunday, November 2, 2008

Timothy and John Rigas File Brief in Second Circuit

The brief for John and Timothy Rigas, former Adelphia CEO and CFO was recently filed.  The initial second circuit decision upheld convictions on twenty-two counts, reversing one bank fraud conviction. (see here) Cert was denied on this. (see here). The elder Rigas, 82 years old, began serving a 15-year sentence, and Timothy started his 20 year sentence, but these were reduced by three years each to 12 and 17 years (see here). 

But the case is now back before the Second Circuit and new issues present important considerations for the court. The issues presented include:

  • Whether the district court erred in failing to conduct resentencing de novo after this Court's reversal of a bank-fraud conviction?
  • Whether the district court's treatment of resentencing was procedurally and substantively unreasonable?
  • Whether the district court erred in denying the Motion for a New Trial pursuant to Rule 33 based on new evidence that the government's star had lied?
  • Whether the district court erred in denying the Motion to Compel interview notes from potential witnesses?

The 165 page redacted brief can be found here - Download 083485crl_united_states_v. Rigas, Redacted Joint Brief for Defendants-Appellants, Submitted 10-14-08.pdf

It is interesting to see these new issues before the court and remember what John Rigas initially said about the case against him in an interview with Charlie Rose - here.

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2008/11/timothy-and-joh.html

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