Wednesday, October 3, 2007

Former Cendant Chairman's Conviction Affirmed

The conviction of former Cendant chairman Walter A. Forbes on conspiracy and filing false statement with the SEC, which resulted in a 107-month prison term, was affirmed by the Second Circuit.  The court's decision was issued in an unpublished order (here), and the discussion -- if you can call it that -- of the issues is just a little more than one page.  While Forbes raised nine issues on appeal, only three are addressed briefly, and the decision concludes, "We have considered all of the issues raised, including those noted above, and the relevant law, and conclude that all of defendant’s arguments are without merit."  While many appellate decisions are unpublished, cases involving high-level corporate officers usually have published opinions because the issues are often fairly close.  I can't recall a recent conviction after trial of a corporate officer in a position like Forbes' whose appeal has not resulted in a published opinion, and it's surprising that the issues were treated so tersely in a case involving Williams & Connolly as defense counsel. (ph)

Fraud, Judicial Opinions | Permalink

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