Objections to a Prosecutor’s Phone Call Benefit Ex-Broadcom GC
Broadcom’s former general counsel won’t face criminal backdating charges because of a phone call by a federal prosecutor.
The government plans to give former general counsel David Dull a nonprosecution agreement after a federal judge criticized the phone call by Assistant U.S. Attorney Andrew Stolper, the Orange County Register reports.
U.S. District Judge Cormac Carney of Santa Ana, Calif., said Wednesday that Stolper appeared to be negotiating Dull’s testimony during the phone call with Dull’s lawyers. Stolper had told the lawyers that Dull could be charged with perjury if his testimony in the trial of a Broadcom official matches his interviews with the Securities and Exchange Commission.
In an “unusual move,” Carney granted Dull immunity from prosecution to allow his testimony in the trial of Broadcom’s former chief financial officer William Ruehle, the National Law Journal reports. “I do believe there was government misconduct, but cannot tell from testimony of witnesses if there was an actual threat to Mr. Dull,” Carney said, according to the Register’s account.
Assistant U.S. Attorney Robb Adkins, chief of the Santa Ana branch of the U.S. Attorney’s office, said in court papers that Dull had been given assurances he will not be prosecuted for his testimony to ensure he won’t feel threatened. Adkins added that Dull “still would be subject to penalties for perjury or making a false statement,” according to the NLJ account.
Prior coverage:
ABAJournal.com: “Founders & Gen’l Counsel Sued By SEC in Broadcom Options Backdating Case”
