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Conglomerate Blog: Scrushy Convicted–But Not of Fraud

Conglomerate Blog: Scrushy Convicted–But Not of Fraud

by Rick Turoczy on June 30, 2006

The fact that Scrushy was convicted this time of course may suggest that the defense took the tactics too far. But, by possibly discrediting the nullification theory, this conviction also sheds a different light on the first acquittal. Indeed, it leads me to wonder (a) if the first acquittal does in fact have implications for Sarbanes-Oxley since the case was the very first attempt to try a CEO under Sarbanes-Oxley (and prosecutors appear to have had better success with laws already on the books) or (b) if the first acquittal reflected the jury’s refusal to imply Scrushy’s knowledge of fraud. Such a refusal seems inconsistent with other cases where jurors seem to have rejected the “I don’t know” defense, but arguably more consistent with the standard of intent in criminal cases.

Conglomerate Blog: Scrushy Convicted–But Not of Fraud

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