Parents Punch Back: College Admission Scandal Defendants Mount Aggressive Defense, Preparing For "War"
On the same day that it was reported that Lori Loughlin's daughter may be the first student facing criminal charges in the college admissions scandal, it's also looking increasingly like many parents involved are preparing to fight the charges against them vigorously, according to Bloomberg. Some of the parents, including former TPG executive Bill McGlashan, ex-Pimco chief Douglas Hodge and TV sitcom veteran Lori Loughlin are assembling aggressive defenses, while others have already punched back. Many of the parents have the money to put up a serious legal fight on multiple fronts, which could make the case more than an open-and-shut formality for the government.
Peter Henning, a former federal prosecutor who teaches at Wayne State University Law School in Detroit said: “When you take on well-heeled clients, you’re inevitably inviting a battle. This is not going to be easy for the government.”
As a start, many of the defendants' lawyers have already complained that prosecutors had engaged in judge-shopping for the case. They also added that their clients should not be tried with others whom they have never met.
Ilene Jaroslaw, former NY federal prosecutor, called the defense lawyers’ letter “a declaration of war.”
This past Monday, lawyers for Gregory and Amy Colburn of Palo Alto sought a dismissal of the two charges against them of a mail and wire fraud conspiracy and a money-laundering conspiracy. Among the couple's arguments was the notion that the government’s case is deficient.
They invoked a Supreme Court case from 1946 to argue their point. Kotteakos v. U.S. was a case where a broker was accused of conspiring with 32 loan applicants to defraud the government. The court reversed the convictions, ruling that the defendants had only the broker in common, not one another, and that there were more than eight separate conspiracies, instead of just one.
Henning continued: “This is where conspiracy law gets nebulous. It’s not clear any of the other parents knew anyone else was doing it.”
https://www.zerohedge.com/news/2019-04-18/parents-punch-back-college-admission-scandal-defendants-mount-aggressive-defense