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In the Courts

By ALM Staff | Law Journal Newsletters |
August 29, 2011

Fifth Circuit Affirms Convictions of Former Merrill Lynch Managing Director

On Aug. 12, the United States Court of Appeals for the Fifth Circuit, in an opinion authored by Circuit Judge Jerry E. Smith, affirmed the obstruction of justice and perjury convictions of former Merrill Lynch & Co. (“Merrill Lynch”) executive James A. Brown. United States v. Brown, No. 10-20621. The decision was based on the grounds that the district court's ruling ' that evidence not completely disclosed by the government prior to trial would have left the case's outcome unchanged ' did not constitute clear error.

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