9th Circuit Stands Firm on Prosecutors’ Misconduct in Reyes Backdating Case
Federal prosecutors got a second punch in the gut over the Greg Reyes backdating case: The 9th Circuit has explicitly refused to back away from a finding that the government committed deliberate misconduct during trial. After a panel threw out the verdicts against the former Brocade CEO, finding that prosecutors misled the jury, the government asked that it eliminate any judgment that the prosecutors acted deliberately -- a finding that triggers an investigation by the DOJ's Office of Professional Responsibility.
