Home

New Trial for Attorney Convicted of Refco Fraud
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

It was announced on Monday by the Second Circuit that an ex-partner for Mayer Brown LLP , who has been issued a prison sentence of seven years, is entitled to a new trial. The sentencing was the result of the former partner working on a $2.4 billion scheme for fraud at Refco Inc. The reason the partner is being permitted a new trial is the fact that the judge mishandled the jury.

“When a supplemental instruction is given ex parte, without first consulting counsel, it violates a defendants’ right to be present,” U.S. Circuit Judge Denny Chin said in the opinion written for the court.

  
What
Where


The conviction, which was handed down by the Southern District of New York, was vacated by a three-judge panel. The panel said that the court violated lawyer Joseph P. Collins’ rights by holding a conference in private with notifying counsel. The conference occurred with one juror who reportedly received threats from another person on the jury.

The juror who did not agree with the rest of the jury was juror number four. The fourth juror wrote a letter and sent it to the court to say he was threatened to have his finger cutoff by another juror. He also wrote that he felt he was being forced to agree with other jury members’ opinions about the case. The opinion also said that a note to the court from the jury foreman said juror number four offered to buy his vote.

The problems involving the jury arose back in July of 2009 when jury members told the court that there were struggles when coming arriving at a unanimous decision.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




These notes were not read into the record by U.S. District Judge Robert P. Patterson. Instead, the judge convened a private meeting with the fourth juror to emphasize how important the resolution of the case would be, according to Judge Chin.

“We cannot ignore the possibility that Juror 4 walked out of the ex parte conference with the impression that he should not stand in the way of a prompt resolution of the case,” was written by the judge.



It was decided by the Second Circuit panel that this meeting was considered an additional teaching of the juror and it could have aided in the opinion of the juror who holds a small opinion.

The conviction was handed down to Collins in March of 2010 because he helped Refco hide millions in debt and liabilities. After the jury found him guilty of conspiracy on one count, securities fraud on two counts, and wire fraud on two counts, he was sentenced to seven years in prison.

It was said by Judge Chin that Judge Patterson is a competent judge who was working to manage the problem as best as he could but simply called a meeting too early. The entire problem could have been avoided if the court had shown counsel the note and asked for input.

Information researched from The Chicago Tribune and Thomson Reuters.



 

RELEVANT JOBS

Corporate & Securities Attorney - Remote Work Option

USA-MN-Minneapolis

Maslon LLP is seeking attorney candidates with at least two years of experience to work in our Corpo...

Apply now

Talent Acquisition Coordinator

USA-CT-New Haven

SCOPE OF RESPONSIBILITY:  This position will work within our Estate Administration Department.&...

Apply now

Associate Attorney - Top Los Angeles Criminal Defense Firm

USA-CA-Los Angeles

The Rodriguez Law Group is one of the top criminal defense law firms in Southern California, as feat...

Apply now

Attorney

USA-CO-Colorado Springs

Job description Job Description We are consistently experiencing growth and are looking for an...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Business and Transactional Associate Attorney

USA-CT-Middletown

Middletown office of a BCG Attorney Search Top Ranked Law Firm seeks business and transactional asso...

Apply Now

Business and Transactional Associate Attorney

USA-CT-Hartford

Hartford office of a BCG Attorney Search Top Ranked Law Firm seeks business and transactional associ...

Apply Now

Business and Transactional Associate Attorney

USA-CT-East Haven

East Haven office of a BCG Attorney Search Top Ranked Law Firm seeks business and transactional asso...

Apply Now

Most Popular

SEARCH IN ARCHIVE

To Top