Word: trialing
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...think it's a reminder of how dangerous it is that prosecutors can overreact in putting businesses on trial," Skilling attorney Daniel Petrocelli told TIME. "I'm going to be real clear to the jury [in closing arguments] about conduct that is appropriate. You can't try business cases in a criminal courtroom unless you've got real solid evidence that a crime has been committed." Said Lay attorney Mike Ramsey: "Clearly there's got to be a connection between business judgments and specific intent. That bright line is being erased by these prosecutions, and the Supreme Court...
...case of Quattrone, known for leading IPOs for Amazon and Netscape during the dot-com boom, the appeals court said the trial judge erred by instructing jurors that Quattrone did not have to intend or knowingly commit a crime when telling subordinates via e-mail to "clean up" their files during a government investigation of Quattrone's former investment firm. The government argued that Quattrone was e-mailing specifically about subpoenaed documents. The defense said he wasn't. The trial judge told the jury it didn't matter...
...ruling has put more attention on the instructions that Judge Simeon T. Lake ultimately will give to the jury in the Enron trial. "In the Enron trial there's going to be a battle royal over a jury instruction known as deliberate ignorance," says Houston attorney David Berg, author of The Trial Lawyer: What It Takes to Win. " In Lay and Skilling's case it's, 'I didn't know what was going on in the company.' Deliberate-ignorance jury instructions have held a person criminally liable when their denial of knowledge doesn't make sense. But now the judge...
...Other recent cases bolster that view as well. The U.S. Supreme Court, in a case directly related to Enron and Quattrone, in May of 2005 voided a witness-tampering conviction of the accounting firm Arthur Andersen LLP by stating that the trial's jury was wrongly told it could convict the firm for shredding documents during the government's investigation of Enron even if Andersen employees believed they were not breaking the law. And Bernie Ebbers, former CEO of WorldCom, convicted last year on fraud charges in the financial collapse of the telecommunications company, is basing his appeal on similar...
...event, all eyes will be on the jury instructions in the Houston courtroom. "These twelve people who decide guilt or innocence are not legal scholars," says Enron trial analyst and Houston attorney Brian Wice. "The only law they take into the jury room is the law Judge Lake gives them...