Judge dismisses grand larceny charges against former Dewey execs
Former executive director and former chief finance officer see the most serious charges against them dropped
February 26, 2016 at 10:51 AM
2 minute read
A Manhattan judge has dismissed 15 grand larceny charges against former Dewey & LeBoeuf executive director Stephen DiCarmine and former firm chief finance officer Joel Sanders.
However, the defendants still face charges of conspiracy, scheme to defraud and violation of securities fraud.
The decision by Acting Supreme Court Justice Robert Stolz removes the most serious charges against the defendants, who a year ago faced over 100 criminal counts and endured a nearly six-month trial before a jury deadlocked in October, leading to a mistrial.
The jury had already dismissed several minor charges against each defendant.
Both defendants moved to toss the remaining charges in August, after prosecutors from the Manhattan District Attorney's office rested their 45-day case against them and Steven Davis, the former chair of the firm.
All three men had been accused of misrepresenting Dewey & LeBoeuf's financial health to banks and insurance companies and charged with scheme to defraud, grand larceny and conspiracy, among other counts.
Davis will not be retried. In January he accepted a deferred prosecution agreement that says the charges against him will be dropped in five years as long as he does not practice law in New York or commit any crimes.
The former chairman must also adhere to the terms of a settlement he reached in a parallel suit brought by the US Securities and Exchange Commission (SEC). Under that agreement, Davis cannot act as an officer or director of a public company or appear before the SEC as an attorney.
DiCarmine and Sanders are scheduled to be retried in September. The remaining charges, however, do not carry mandatory sentences. Conspiracy is a misdemeanor and scheme to defraud and violation of New York's securities statute are both class E felonies, the lowest level of felony.
The jury in the defendants' first trial deliberated for 21 days before deadlocking.
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