Takeaways From 5th Circ. Wind Farm Scam Case

July 20, 2018

Locke Lord Dallas Partner Kip Mendrygal and Dallas Associate Mario Nguyen, both members of the Firm’s White Collar Criminal Defense & Internal Investigations Practice Group, co-authored an article on the takeaways of United States v. Spalding. Most notably, the authors highlight the use of summary charts in criminal cases involving the misappropriation of funds for personal expenses. When using a summary chart, Mendrygal and Nguyen state, “Attorneys in the Fifth Circuit must not only rebut the seeming impropriety of each alleged personal purchase, but they must also be prepared to fight the cumulative effect of these expenses when lumped together in a simple summary chart. On the other hand, where defense attorneys suspect that a summary is based in a sound methodology, they risk the prejudicial effect of reminding jurors of salacious purchases to the benefit of the government.”

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