Gideon's Promise
A Federal Criminal Defense Lawyer's Musings





















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Friday, May 09, 2003
 

Whatever Scrushy's Alleged Offenses, the Judge Made the Right Decision Here

The saga of the HealthSouth scandal and its embattled CEO Richard Scrushy continues to unfold.  But U.S. District Judge Inge Johnson showed wisdom and courage in preventing the SEC from restraining all of Scrushy's assets while the criminal probe is on-going, particulary given the SEC's apparent utter failure to show Scrushy's involvement in fraud.  (See story here from AP via Tampa Bay Online) While the government denies it, the likelihood is that in Scrushy's case as in many others, the use of parallel proceedings has been designed to cripple any possible defense in the criminal case but undercutting Scrushy's ability to fund his defense.  This problem though all too common is not often resolved with a judge calling one against the government, but when it occurs it is worthy of mention and praise.

 


8:32:18 AM    comment []


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