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Quattrone Gets Deferred Prosecution Agreement

by TChris

Frank Quattrone has to be a happy man today. Charged with obstructing a federal investigation by directing co-workers (via email) to "clean up" their files (which the feds read to mean "destroy the evidence"), Quattrone's first trial ended in a hung jury. He was convicted in a second trial and sentenced to 18 months in prison, but his conviction was overturned on appeal.

The good news for Quattrone is that he won't face a third trial:

U.S. District Court Judge George B. Daniels approved a one-year deferred prosecution agreement, calling for the charges to be dismissed if Quattrone stays out of trouble for one year.

The agreement required no admission of guilt. This is an excellent result for Quattrone's defense team, and an embarrassment for the Southern District of New York prosecutors who handled the case.

Like Martha Stewart, Quattrone wasn't charged with any financial wrongdoing, but with an after-the-fact attempt to cover up the facts. An interesting take:

"It is a morally ambiguous resolution, and I think that's precisely what's appropriate to these facts,'' John Coffee, a Columbia University law professor, said in an interview. "The evidence against Mr. Quattrone was fairly thin and equivocal.'' ...

The prosecution's reliance on the e-mail "probably strikes most lawyers as being just on the borderline, or just below, what proof beyond a reasonable doubt should require,'' Coffee said.

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