3rd UPDATE: Ex-Refco Lawyer Convicted Of Fraud, Conspiracy
July 10 2009 - 8:47PM
Dow Jones News
A longtime lawyer for Refco Inc. was convicted on conspiracy and
fraud charges Friday in a scheme to help owners and executives at
the defunct commodities broker steal more than $2 billion by
concealing its financial troubles.
After a week of deliberations, a jury of seven women and five
men delivered a partial verdict, finding Joseph P. Collins, a
one-time Mayer Brown LLP partner, guilty of conspiracy, two counts
of securities fraud and two counts of wire fraud. A mistrial was
declared on nine other counts.
"We are deeply saddened by the verdict and will appeal," said
William Schwartz, a lawyer for Collins.
Collins faces up to 20 years in prison on the fraud counts.
Sentencing is set for Nov. 3.
The criminal trial in U.S. District Court in Manhattan lasted
about eight weeks.
A spokeswoman for the U.S. Attorney's office in Manhattan
declined comment on whether prosecutors would seek a retrial on the
remaining counts.
Deliberations appeared to have become heated earlier this week
when a male juror sent a note to the court indicating a female
juror had threatened to cut off his finger and told him her husband
would "take care of you."
Afterwards, jurors said the acrimony was between the two jurors,
as one was annoyed by the other pointing his finger at people when
he talked. For the most part, deliberations were uneventful, they
said.
"Nobody got hurt. There was no bloodshed," said one juror who
refused to give her name. "It's not easy to decide someone's
fate."
They said the jury was deadlocked 11-1 on the remaining nine
counts, and the juror who complained to the court was the
holdout.
Prosecutors had alleged that Collins was a key player in helping
former Refco Chief Executive Phillip R. Bennett and others hide the
commodity broker's dismal financial picture, including hundreds of
millions of dollars of undisclosed debt. Bennett pleaded guilty to
securities fraud and other charges last year.
The government had alleged that Collins helped Bennett and
others engage in transactions that transferred losses and certain
expenses off Refco's books to Refco Group Holdings Inc., a company
controlled by Bennett and others. As a result, the company's banks,
auditors and investors didn't have a true financial picture of the
company, including private-equity firm Thomas H. Lee Partners,
prosecutors said. THL Partners engaged in a leveraged buyout of
Refco in 2004.
The government said Collins made $40 million for his law firm as
Refco's outside lawyer and that gave him incentive to lie, starting
in 1997.
However, Schwartz, Collins' lawyer, has said Collins believed he
was doing honest legal work and was kept in the dark by Bennett and
others at the company.
In his opening statement in May, Schwartz said the legal fees,
earned over a 10-year period, didn't go directly to Collins, but
went to his law firm. He also said the fees from Refco accounted
for 1% of the law firm's fees earned during that period.
Mayer Brown has previously said it was cooperating fully with
prosecutors. At the time of Collins' indictment in 2007, the law
firm said: "Our review of the evidence available to us shows that
the firm acted in a professional, competent and ethical manner in
its work on behalf of Refco."
Refco sought bankruptcy protection in 2005, shortly after the
company announced it had discovered $430 million in debt owed to a
private entity controlled by Bennett.
Bennett was sentenced to 16 years in prison last year after
pleading guilty to a 20-count indictment.
-By Chad Bray, Dow Jones Newswires; 212-227-2017;
chad.bray@dowjones.com