Weekend Roundup - May 9, 2009

Not Guilty Verdicts in W.R. Grace Case

Not a lot happening locally in the federal criminal defense sphere, so we’ll reach out to Montana to report a resounding victory for the defense by way of not guilty verdicts for all remaining defendants in the W.R. Grace case. The University of Montana has this exceptional blog here that has been reporting on this case throughout everyday of trial. The jury deliberated only one full day before returning the not guilty verdicts yesterday for not only the corporate defendant, W.R. Grace, but also the three remaining individual defendants, all former W.R. Grace executives at the Libby, Montana plant (note this cite is, apparently down right now). The AP story is here.

Prominent Arkansas Attorney Under Investigation in New York

The Wall Street Journal law blog reports that a prominent Arkansas plaintiff’s attorney, Gene Cauley, is unable to account for $9 million in settlement funds from a civil securities case. Southern District of New York, District Court Judge Jed Rakoff, who is known to this blogger for some exceptionally well written sentencing orders, requested that the United States Attorneys Office investigate because according to the transcript, Judge Rakoff said, “it appears not unlikely from the little information available to me that Mr. Cauley may have committed a crime or several crimes, that he may have committed disbarrable conduct in one or many ways.” Cauley, who was represented by counsel, who invoked the Fifth Amendment privilege against self incrimination, hopes to have the missing $9 million available shortly. A representative from the U.S. Attorneys Office attended the hearing. No doubt, more to come shortly.

Castroneves - Not Guilty in Tax Evasion Case

On the afternoon of its sixth day of deliberations in the case of former Indy car driver, Helio Castroneves, the jury returned a not guilty verdict on all charges of tax evasion, but they were unable to reach a verdict on the conspiracy count as reported here. Earlier in the day, the judge had informed the jury that he would not provide them copies of the attorneys’ opening statements because those statements are not evidence.

The jury found Castroneves’ sister, his manager, not guilty on all tax evasion counts, but they also remained deadlocked on the conspiracy count, and they found his former attorney, Alan Miller, not guilty on all counts in a huge win for Bob Bennett, his well known Washington, D.C., attorney. Castroneves, represented by Roy Black, contended that he relied on advisers to handle his finances and that he was going to pay his taxes when the money was attributable to him. The court declared a mistrial on the conspiracy charge. A huge victory for attorneys Bob Bennett, Roy Black, Howard Srebnick and his brother, Scotty Srebnick, all of whom are exceptional attorneys!