After Tearful Apology, Star Dewey & LeBoeuf Witness Avoids Jail
After two trials in a prosecution that originally included 11 defendants, no one is going to jail in the Dewey & LeBoeuf case.
October 27, 2017 at 01:10 PM
5 minute read
Former Dewey & LeBoeuf finance director Francis Canellas outside the firm's Manhattan offices in May 2012.
A Manhattan judge on Friday imposed no jail time on Francis Canellas, Dewey & LeBoeuf's former finance director who pleaded guilty in a cooperation agreement with prosecutors and became the star witness in the years-long criminal case over Dewey's 2012 collapse.
With Canellas' sentencing, it's all but certain that no one will go to jail in the Dewey case, which included more than 100 charges and 11 criminal defendants when it was first brought in 2014.
Manhattan Supreme Court Justice Michael Obus on Friday imposed 250 hours of community service on Canellas, who pleaded guilty to first-degree scheme to defraud after being accused of taking part in a scheme to dupe creditors about Dewey's true financial condition.
Canellas, repeatedly pausing and fighting back tears during the sentencing hearing, said, “What I'd like to do is apologize, apologize to the financial institutions who depended on the accuracy of Dewey & LeBoeuf's financial statements and have suffered.” He said he also apologizes to Dewey's finance team. “They depended on me,” he said, adding he was embarrassed.
Obus, after hearing Canellas, noted that the posture of the case had changed considerably since Canellas first entered his plea in 2014, citing most recently the non-prison sentence of Joel Sanders, the only Dewey executive who was convicted.
Obus said he took into account the fact that Canellas “accepted responsibility” and cooperated with prosecutors “in what turned out to be a very extended proceeding.” He added that incarceration “will serve no purpose whatsoever.”
The maximum sentence for the charge Canellas pleaded to is one-and-a-third to four years. The Manhattan District Attorney's Office had recommended one to three years of jail time for Canellas, but in light of Sanders avoiding a prison sentence, prosecutors said in a written letter filed in court this week that “proportionality among co-defendants is a factor to be considered in sentencing.”
“At the time the plea and cooperation agreements were negotiated, the People did not anticipate that a promised recommendation would entail a harsher sentence than that received by a defendant convicted after trial,” wrote assistant district attorney Peirce Moser, referring to Sanders.
'Worst Decision of His Life'
Canellas was the top cooperator for the DA's Office in the case against Dewey's three executives, among a team of seven former Dewey employees in the firm's accounting department who wound up testifying at two trials. By end of the trials, Canellas had spent three-and-a-half years cooperating with the prosecution, meeting with them nearly 30 times.
Four other cooperators who pleaded guilty and who testified at trial have also received no jail terms. Dianne Cascino, Ilya Alter and David Rodriguez were sentenced to community service and Lourdes Rodriguez was sentenced to unconditional discharge without community service.
Two other cooperators await sentencing, and it's likely the top penalty either could face, if any, is community service.
Two Dewey defendants who fought their charges, including former chairman Steven Davis and former junior manager Zachary Warren, received deferred prosecution agreements, while former executive director Stephen DiCarmine was acquitted at a second trial. Sanders, the former CFO, was convicted on three counts but only sentenced to community service and ordered to pay a $1 million fine earlier this month.
“The landscape has changed considerably since Mr. Canellas” pleaded guilty, said his attorney, Caren Decter, counsel at Frankfurt Kurnit Klein & Selz, during his sentencing hearing Friday.
Obus imposed no monetary fine on Canellas, citing his circumstances. His lawyers said Canellas could no longer find work in the financial sector and has been living paycheck to paycheck.
In a letter to the judge, his fiancee, Lourdes Rodriguez—one of the seven cooperators and former billing director at Dewey—explained that she watched Canellas “trade in his suit for jeans and construction boots” to take up home repair, watching self-help videos to learn from other contractors.
Janis Meyer, Dewey's former general counsel and now a partner at Hinshaw & Culbertson, submitted a letter to the judge saying Canellas was an integral part of the effort to wind the firm down and she found him “conscientious, concerned about the fate of our administrative employees—and our former partners—and willing to work hard to get the job done.”
In explaining his conduct, Canellas' attorneys said in submissions to the judge, “Frank lost his moral compass and joined his superiors on a misguided path to save the firm.”
“Frank now realizes that he made the worst decision of his life by not leaving the firm in late 2008. He stayed at Dewey out of a misguided sense of duty and obligation to the only firm he had ever worked for, to the hundreds of Dewey employees and their families, and to his bosses—especially Mr. Sanders—who gave him tremendous responsibility at a young age,” his attorneys said.
As part of his community service, Canellas told Obus he will be a mentor for an organization, The Fortune Society, that helps individuals transition from prison and promotes alternatives to incarceration.
Canellas' cooperation agreement became controversial. He had initially pleaded to second-degree grand larceny but was allowed to withdraw his plea after the mistrial of Dewey executives and the dismissal of their grand larceny counts.
In an unusual arrangement, prosecutors quietly amended their cooperation agreement with Canellas to allow him to re-plead to a lesser charge, first-degree scheme to defraud, before a second trial. This allowed Canellas, their top witness, to escape a larceny charge no longer facing the executives. The arrangement attracted aggressive criticism from the executives' defense attorneys, who said it further damaged his credibility on the witness stand.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLong Island Midsize Firm and Managing Partner Sued for Sexual Harassment, Discrimination
6 minute readKing & Spalding Adds Veteran Antitrust Litigator From White & Case in New York
3 minute readTroutman Pepper Accused of Inattentive Case Management in $59M Malpractice Suit
7 minute readTrending Stories
- 1Judge Denies Sean Combs Third Bail Bid, Citing Community Safety
- 2Republican FTC Commissioner: 'The Time for Rulemaking by the Biden-Harris FTC Is Over'
- 3NY Appellate Panel Cites Student's Disciplinary History While Sending Negligence Claim Against School District to Trial
- 4A Meta DIG and Its Nvidia Implications
- 5Deception or Coercion? California Supreme Court Grants Review in Jailhouse Confession Case
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250