Monday, November 23, 2009

McKesson Chairman Guilty, GC Acquitted Securities Fraud

In another Securities Fraud Lawsuit a former McKesson Chairman and General Counsel were tried for Securities Fraud. The Chairman Charles McCall was found guilty, and the General Counsel was acquitted. The below mentioned article details the thoughts of one of the jurors.

During voir dire the defense debated about an attorney juror. In the end if was thought that the perspective of an attorney might help the overall jury.

The attorney became the foreperson who later, to the author, recants some of the thoughts and feelings of the jury. The article goes through some of the strategy for why the prosecution did not call the former CEO cooperator to the stand. Instead the defense used him as a witness in the case, and it did not go well. He came across as a thug. This helped the prosecuters. The article describes the attorneys in the case and how the personas played in the courtroom.

Allegedly McCall circumvented accounting controls by falsifying the books and record counts. Sales would be made to certain customers with contracts that would allow them to pull out of the contracts. These contracts would be hidden for internal auditors. This in effect cooked the books. No publicly held company is permitted by the SEC to file financial information other then using Generally Accepted Accounting Principles. The above article was very transparent about thought processes and proceedures in a courtroom. Even though the material of the trial might be repetitious, the personal thoughts and motives of the attorneys and jurors was interesting.

http://www.law.com/jsp/article.jsp?id=1202435683122&Guilty_Verdict_for_McKesson_...

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