Thursday, October 13, 2011

U.S. v. Reyes (9th Cir. - Oct. 13, 2011)

Yes, Gregory Reyes.  You're the rich former CEO of Brocade.  You hired Seth Waxman to appeal your federal conviction for options backdating in 2006.  You won.  Prosecutorial misconduct.  Remand.

But that doesn't stop the United States from trying again.  Which it did in 2010.  Again securing a conviction against you on nearly all counts.

Which means that you again hire Seth Waxman.  Again alleging prosecutorial misconduct.

No such luck the second time around.  Conviction unanimously affirmed.

So you'll indeed have to do those 18 months in prison.  Plus pay the $15 million fine.

And yeah, yeah, I know.  Seth will happily take your money to file a petition for certiorari with the Supreme Court.

But save your money.  Such a petition wouldn't even get a second look.

Time to pay the piper.  Plus your lawyers.