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Help Save 1.800.SUICIDE


Crudo -- Schools -- Ryan

by rcs1

with Ava Home

Back in February, the ePluribus Media Journal ran a series of profile articles on the Gonzales Seven ... make that eight ... or is it nine?  One of the profiles was on Kevin Ryan, the recently "resigned" US Attorney for the Northern District of California. Kevin Ryan was responsible for creating the task force that looked at companies and the way that stock options were being backdated.

The US Attorney's office was responsible for creating and managing the task force that was looking into the backdating fiasco.

    Five attorneys and at least eight FBI agents in the San Francisco office form a task force investigating reports that officials of public companies violated federal rules on accounting for stock options granted to employees, he said.
At the time of Mr. Ryan's resignation, Peter Burrows wrote for Business Week:
    Kevin Ryan stepped down today as U.S. Attorney for the Northern District of California. That could potentially be relevant to Apple, because Ryan has led the government's effort to prosecute Silicon Valley companies on options-related transgressions, such as backdating. Last July, Ryan brought the first backdating indictment, against two former Brocade Communications executives. Just around that time, he also created a backdating task force . And sources say it is his office that is scrutinizing Apple's books, as well.

commentary :: :: :: buzz-it!
When Mr. Ryan was "resigned" in January, there were more than 25 companies being investigated in stock option backdating.  Balco and Apple were among them, as was Brocade Communications.

The New York Times has this update:

    Former Brocade Communications Systems Inc. Chief Executive Gregory Reyes was convicted Tuesday of defrauding investors in the first stock options backdating case to go to trial.

    The guilty verdict on all counts is an important validation of the Justice Department's options backdating probe, which has so far led to criminal charges against at least 10 executives. Reyes' case was seen as an important test of whether a jury considers it a crime deserving of jail time.

The indictments were in place for several months before Kevin Ryan's departure, and now Tim Crudo is reaping the kudos. Scott Schools was named interim US Attorney for the Northern District while the California Republicans made a wish list to be sent to President Bush. It seems that many of the sought-after replacements were busy with other things ... In May the names of two were sent to the White House for consideration. Joe Russoniello and Tim Crudo. Crudo apparently got the nod, but who is Tim Crudo?

    Then there's Timothy Crudo, a onetime Latham & Watkins partner who's now the assistant U.S. attorney handling the pending stock option trial of former Brocade CEO Gregory Reyes. He's well-liked by the bench and his co-workers, and we hear that he could have some pull in D.C. thanks to two fellow Latham alums, Homeland Security secretary Michael Chertoff and Alice Fisher, current head of the DOJ's criminal division. Then again, Crudo only has a few years of prosecutorial experience, and little in the way of loyalist Republican credentials.
On May 7, 2007 Pacific Views had this to say about Crudo:
    As expected, former U.S. attorney Joe Russoniello is one of the remaining candidates, according to Republican lawyers familiar with the process. But the other finalist is Assistant U.S. Attorney Tim Crudo, who has taken on dark horse status after emerging from a monthlong screening process.
There was some skepticism at the time of Ryan's removal that any of the backdating investigations would bear fruit. Apparently, they have, at least in the case of Brocade, but only time will tell if the investigations into other Silicon Valley companies will end in indictments and trials. Again, according the New York Times article referenced above:
    Instead, Reyes' conviction could embolden prosecutors. The federal government has reportedly been considering criminal charges against former executives at Apple Inc., KLA-Tencor Corp. and Broadcom Corp., companies that have all acknowledged stock options shenanigans.
Display:
excerpt:
Assistant U.S. attorney Tim Crudo told the jury that the case "is about deception, it's about lies, and it's about fraud," according to press reports. "Every single backdated grant is going to have (Reyes') signature.

It gets better:
If Byrd Sings, How Will the Brocade Case Swing?
    Entering day two of stock-option-backdating trial against ex-CEO Reyes, defense says the case "begins with Mike Byrd," the company's ex-CFO.

excerpt:

While the prosecutor did not say what role, if any, Byrd will play in the case against Reyes, it has been reported that Byrd could be a key witness for the prosecution, and that the former Ernst & Young partner was granted immunity by prosecutors earlier this year.



by avahome on Tue Aug 07, 2007 at 10:07:49 PM EST
of partisan radicalization of the DoJ is abhorrent; the damage done every day will take years to unravel, and there's no sign that they'll stop or slow down as their terms come to an end.

We need Congress to take them out of their spider-holes now, before things are permanently skewed and ruined for generations to come.  Or worse.

by GreyHawk on Wed Aug 08, 2007 at 07:08:23 AM EST

is what weighs on me ...

thanks to two fellow Latham alums, Homeland Security secretary Michael Chertoff and Alice Fisher, current head of the DOJ's criminal division.


by roxy317 on Wed Aug 08, 2007 at 12:49:59 PM EST
[ Parent ]

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