Thursday, May 27, 2010

Conspiracy is Not Limitless

Many prosecutors think of conspiracy as limitless, since after all Judge Learned Hand referred to conspiracy as "that darling of the modern prosecutor's nursery." (Harrison v. U.S.).  But it isn't and prosecutors in South Carolina found that out today when a court granted a defendant's Rule 29 Motion. The case has a long and tortured history that started in 2005 with indictments of officers and employees of Medical Manager Corporation.  The original indictment charged several folks, but after four years (yes, four years), the government dismissed several of the defendants prior to the start of trial.  Two individuals went to trial and the court has now dismissed the case against them.  Chief United States District Judge David C. Norton states:

"It is not this court's responsibility to salvage the government's prosecution. The government chose to indict, it chose to prosecute, it chose what evidence to present, and, even after specific inquiry by the court, it chose not to use expert analysis to prove any of the allegations with regard to the effect of the fraud, if any. The government made its bed and now it must lie in it."

In dismissing the case, the court further states:

"...in a case like this,to countenance the government's position that there was an express, original agreement to conceal, and/or that the conspiracy was ongoing because of conspiratorial objectives to conceal the conspiracy and to obtain personal enrichment, would eviscerate the boundaries of conspiracy law. This court simply cannot hold that Supreme Court case law, the statute of limitations, and general notions of fairness in our criminal justice system no longer have any meaning."

Attorneys handling this case were Joshua Dixon (Parker,Poe, Adams & Berstein LLP), John Lauro (Lauro Law Firm), Andrea St. Amand (Nelson, Mullins, Riley & Scarborough), Gary Trombley, Ronald Hanes, Matt Luka (Trombley & Hanes)

Order - Download Dismissal

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2010/05/missing-the-statute-of-limitations.html

Fraud, Judicial Opinions, Prosecutions | Permalink

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