Overview
Steptoe partner Mike Miller was quoted throughout a Law360 article titled “Dewey Execs Lay Groundwork For Criminal Intent Defense.” The article, published on April 1, discusses a recent ruling issued shortly before executives of Dewey & LeBoeuf LLP go on trial for allegedly issuing false financial statements to deceive various third parties, including lenders, about the financial health of the firm. The decision permits the executives to tell the jury that that they were acting in good faith during the events that led up to Dewey’s downfall.
Mr. Miller points out that this decision represents a significant win for the executives, who can now present evidence that they lacked the criminal intent required for conviction under the charges of grand larceny and fraud that they are facing. “You’ve got two competing themes in the trial. One is, were documents falsified? And the other is, were acts taken in connection with those documents with criminal intent?” Mr. Miller tells Law360. “The decision the court handed down really does clear the way for the Dewey defendants to advance some pretty compelling arguments that they did not intend to commit a crime in connection with whatever they were doing with the books and records of the law firm.”
The full article can be read at Law360 (subscription required).