Ride the Lightning

Mistrial Declared in Dewey & LeBoeuf Case

October 21, 2015

The New York Times reported on Monday that a mistrial had been declared in the closely-watched Dewey & LeBoeuf case. The jury reported that it was deadlocked on dozens of charges against three former executives of the once powerful law firm after 21 days of deliberations.

The jury had previously acquitted the defendants on dozens of charges involving the falsification of records, but reported that they were "hopelessly deadlocked" on the remaining 93 charges, including the grand larceny and conspiracy to defraud charges.

Dewey's bankruptcy in 2012 was one of the biggest collapses of a law firm in American history.

The defendants, Steven H. Davis, Stephen DiCarmine and Joel Sanders are now in legal limbo because they could be tried again on the deadlocked charges. It certainly was not a good day for Manhattan district attorney Cyrus Vance Jr. His office issued a statement saying that the hung jury may “necessitate a retrial pending a thorough review of the case.” Certainly not a clear statement of intent.

Lawyers for the defendants (no surprise) were quick to urge Mr. Vance to drop the case. Those lawyers chose not to have the defendants testify, which is looking like a great call given the mistrial.

Most lawyers who read some of the e-mails which came to light in the case thought the defendants were guilty – me included. But it appears that this very complex case befuddled the jury. I'm not sure the prosecution wants to roll the dice again – I can't imagine what this case cost the taxpayers . . . 

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