By Ellen Podgor
The government filed a Motion to Dismiss – with prejudice – charges against James A. Brown on Counts One, Two, and Three. The former Merrill Lynch banker had been charged as part of the Enron Barge case. An appeal on the motion for a new trial on Counts IV and V remains.
This has been a case that has a long history with claims of discovery violations on the part of the Enron Task Force. The defense had argued that “[a]fter Brown’s trial and appeal, a new prosecutor finally produced the government’s notes of multiple conversations with Fastow, the grand jury testimony of Merrill counsel, and other Brady material – all which proves Brown’s innocence on all charges.” here
The original case was discussed on this blog back in 2005. And a lot has happened since the sentencing of back then.
What is interesting now is that it takes the government until today to dismiss these counts – with a trial date that had been set for September 20th. Is it really necessary to wait right up to the trial date to dismiss? One can only imagine the costs to the defense of preparing for trial?