So, after seven years, the Department of Justice finally rolled over with nary a whimper and agreed to end the absurdly unjust prosecution of former Merrill Lynch banker Robert Furst. As usual, the deal to dismiss all charges against Furst will receive a small fraction of the publicity that the mainstream media trumpeted for his tainted conviction. The deferred prosecution agreement is below.
Although surely a relief, the agreement must be bittersweet for Furst. His business career is badly damaged and has been effectively put on hold for the better part of a decade. And for what purpose?
Thatís the question that we should be asking as we get ready for yet another round of the same type of senseless prosecutions than ensnared Furst.
UH Law Professor Geraldine Szott Moohr reminded us this week in the context of Jeff Skilling’s pending Supreme Court appeal of the foreboding nature of the government’s overwhelming prosecutorial power. As Sir Thomas More teaches us, “when the last law was down, and the Devil turned ’round on you, where would you hide, the laws all being flat? . . . do you really thing you could stand upright in the winds that would blow then?”
A truly civil society would find a better way.
I have to say, if I ever need an attorney who is dogged, zealous, and never gives up, I will be sure to check with Tom Kirkendall first. You, my friend, are a true believer!
Tom: I’m curious to hear your take on the latest with Stanford and his merry-go-round of lawyers.
Bill, my sense about Standord’s attorney situation has been a product of intransigence — both his and Lloyd’s.
I don’t think there is any question that the merry-go-round has been affected by Lloyd’s refusal to cover legal fees until forced to do so by court order.
On the other hand, Randy Schaeffer is a good attorney and hung in with Stanford through thick and thin, and Stanford still fired him rather than follow his advice. I do cut Stanford slack, however, due to the unconscionable manner in which he has not been allowed out of jail to work on his defense.
The last I heard, Alan Dershowitz is working for Stanford and trying to line up a first-rate trial lawyer for him. He is going to need it.
I had a bet with myself that this column could not end without a mention of Jeff Skilling.
Tom, as much as I admire your interesting blog and share your taste in music, the whole Skilling theme is getting boring. He was a lying cheatin’, stealin’ egomaniac. I do agree we should not feed him for 24 years though, 10 years should do it.
Rusty, if being a “lying cheatin’, stealin’ egomanicac” is sufficient criteria for a 10-year prison sentence, our prisons would be overflowing even more than they already are. We are all better off to limit corporate criminal liability to clear crimes such as embezzlement. Given the vagaries of being an egomaniac, better to leave allocation of liability for that trait to the civil justice system. Thanks for reading HCT.
Are only right-wingers permitted to have comments posted here?
Obviously not!