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Allen Stanford Competent to Stand Trial: Prosecutors
December 16, 2011
[ by Melanie Gretchen ]
Allen Stanford, whose alleged $7.2 billion Ponzi scheme was uncovered 2 months after Bernie Madoff's announced his crimes, apparently has regained his sanity and now is competent to stand trial, according to federal prosecutors. The Bureau of Prisons Federal Medical Center in Butner, NC, made that determination in November.
The former CEO of Stanford Financial Group, who was charged in February 2009, was deemed to be of diminished mental capacity and unable to assist in his own defense by a U.S. judge in January of this year. Stanford faces 21 counts of securities fraud, money laundering, bribery and other crimes.
A hearing is scheduled on 12/20/11 for U.S. District Judge David Hittner to hear arguments; he will render a decision at a later date.
Legal Arguments. In November, Stanford was examined by prison doctors, who found that prescribed medication he had been taking since September 2009 was hindering his cognitive function. Stanford was given the medication after he was beaten up by a fellow inmate. Doctors reduced the dosage and since that time, they have noted significant improvement.
However, the defense is prepared to argue that Stanford now is claiming to have complete memory loss of all events prior to the assault. Doctors retained by the defense concluded that Stanford is still not competent to stand trial, detailing a "traumatic brain injury due to the assault" and the "cocktail of medications administered by the" Federal Department of Corrections, in a proposed order submitted to the court. It concluded Stanford's "mental condition has not so improved as to permit the proceedings to go forward."
The government will counter that Standford's amnesia is faked, and will cite past instances when Stanford remembered events before the assault. Prosecutors will also point to neurological testing that offered no support for memory loss, as well as 8 months of evaluations by the medical center, which concluded that he "does not suffer from a mental illness which would interfere with his ability to understand the nature and consequences of the proceedings against him or to assist properly in his defense."
For more details, go to [Reuters, 12/16/11].
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