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Refco Lawyer Conviction Overturned
January 9, 2012
[ by Melanie Gretchen ]
Joseph Collins, the former outside lawyer found guilty of assisting Refco's senior executives of defrauding shareholders, has had his conviction overturned by a federal appeals court because the trial court judge in the case had improper discussions with a juror outside the presence of the defendant’s lawyers. The appeals court said that Collins was denied the right to be present at every trial stage is rooted in the Constitution, including the Fifth Amendment “due process” clause.
A jury convicted Collins in March 2010, but during deliberations, the foreman sent the judge, Robert Patterson Jr., a note that one juror had tried to barter his vote and was refusing to deliberate. Another juror sent a note that the same juror had threatened to cut off his finger. Judge Patterson interviewed the problematic juror outside the presence of Mr. Collins’s lawyers and emphasized the importance of resolving the case.
Although Mr. Collins was sentenced to 7 years in prison, he has been free on bail pending the outcome of his appeal. The spokeswoman for the United States attorney’s office in Manhattan declined to comment on whether it would retry the case.
If the United States attorney’s office in Manhattan decides to retry Mr. Collins, the trial could be made more difficult by the death of a key witness, Santo Maggio, former president of Refco's capital markets unit.
For more details, go to [Dealbook, 1/9/12].
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