Henry Nicholas
A judge said federal officials should return a Gulfstream G-IV jet to indicted billionaire Henry T. Nicholas or face the prospect of opening “a Pandora’s box” that could throw the criminal trial into disarray.
“Whether Dr. Nicholas is an angel and a choir boy or he’s the devil, or somewhere in between, under our constitution, he has the right to due process,” U.S. District Court Judge Cormac J. Carney said, warning prosecutors that he could not allow them to keep Nicholas’ plane without a fight.
Nicholas has pleaded not guilty in two criminal cases in which he has been charged with distributing illegal drugs, and with accounting and securities fraud in connection with a $2.2 billion stock options backdating scandal at Broadcom Corp., an Irvine chip company he co-founded.
The options case is scheduled to begin in April 2009 and the drug case is scheduled to start six months later.
The jet was seized in July, because prosecutors said Nicholas used it to transport drugs. They asked to keep the plane until all the cases were resolved.
One of the allegations in the drug indictment says that during a 2003 flight from Orange County to Las Vegas, passengers smoked so much marijuana that the pilot was forced to don an oxygen mask.
Prosecutors argue it’s customary to seize assets in drug cases. But Nicholas’ defense attorneys want the government to prove why they need to keep the jet, which Nicholas purchased in 2003.
“We’re not gonna sit back and let the government take the plane for no legitimate reason,” said Nicholas’ attorney, Barry Simon.
Under federal court rules, prosecutors can withhold potentially incriminating information against a defendant until trial time. But the plane was seized under civil law, which grants a defendant wider rights to gather information.
Carney worried — and Simon confirmed — that Nicholas could use the forfeiture case to interview potential witnesses who would otherwise be inaccessible before trial. Carney also noted that the prosecution would not have access to Nicholas, who could refuse to testify by invoking his Fifth Amendment right to avoid self-incrimination.
Prosecutors conceded that they might agree to return the plane if its seizure interferred with their criminal case.
“The criminal case is far more important than forfeiture,” said Assistant U.S. Attorney Kenneth Julian.
Carney did not set a date for the prosecution to respond, but he urged both sides to carefully choose their legal disputes to avoid delays in the trial.
“All I’m saying is let’s pick our battles wisely,” Carney said.
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So Dr Spock is going to get his Starship Enterprise back, eh? Disgusting.
Return his frigin jet. End of story.
I always cracks me up when the feds are involced.
The Government always wants my money,
and what for? What do they spend it on?
Stupid stuff.
Judges are as crooked as crooks
OMG, he’ll have to start flying coach. Yikes.
How about this– Judge Carney is a functional idiot.
Any civil trial…federal or state…takes WAY longer than any criminal trial. Noi way Nicholas’ attorneys are going to be able to depose witnesses in the civil trial before the criminal trial comes due.
And by the way…how come all Nicholas’ cash he pays his lawyers hasn’t been seized under the forfeiture statues? No he doesn’t have a right to pay his lawyers with STOLEN or DRUG MONEY.
E Faal
I hope the DEA gives the judge the finger keeping the jet. Then the prosecution’s witnesses ‘accidentally’ give conflicting depositions & Dr. Nicholas gets off scott free because of the unconstitutional seizure laws granted in the name of a BS war on drugs.
How much drugs are they talking about? Personal use or for sales? If he was intending on selling the drugs then seize the jet. Otherwise forget acout it. geez!!! It is common sense.
HOW MUCH WERE THE BRIBES THIS JUDGE TOOK FROM THE CRIMINALS SUPPORTERS?BTW,IT’S ..MR. SPOCK .
May be we need to look into the judges closet and see what lurks in between his clothes…
I still want to know where the alleged sex and drug caves are?
OK, The DEA should give the plane to . . . the IRS, who should sieze all his other assets as well. Bad enough to be dealing dope, but stealing through accounting and securities fraud is destroying the worlds economy–these people need to pay. It is time to hang the coyotes on the fence!!!!!!
I highly (no pun intended, ha!) doubt he was selling. I know people who partied w/ him and he liked to share. What would a man of his means need to sell for? But, don’t average Joes also have cars, boats, etc. impounded/confiscated on drug charges? If so, fair is fair, I think.
Like the “War on Poverty” and the “War on Terror” , the War On Drugs is unConstitutional. It assumes guilt before a trial. Some envious people show joy when it is used on a billionaire or CEO, but just remember it can used on anybody especially political opponents. The IRS harrassments were lauded by many when they started the business of siezing assets without due process “to get their fair share from greedy businessmen” and guess what they pretty much take anything from anyone, anytime without a court order and you have to spend time and money proving you do not owe it.
Well if he has enough money - which he probably does - he will claim the jet and the burden shifts to the government to prove that he truly did use the jet to transport drugs for distribution - smoking up the cabin with some dope in a private party does not constitute distribution. AND he is entitled to a jury trial in the matter if he wants one. Most lawyers don’t have a clue of how to handle a seizure/forfeiture situation in a drug case. If the feds try to run the civil trial before the criminal trial they are truly morons. The feds usually always over charge on all their incitements. This is just another example. They also take into account how much your legal bills will cost if they do charge you will multiple counts. I would like to see a method to recover costs for the real damage done by BS charges run up by the Feds. This guy might need to be shot for his actions in stealing money but if that is all he did then try him as a thief and leave the dope stuff out of it.
In Response to E Faal:
His money is not stolen or from drugs. If you knew anything about the person you are criticizing then you would know that Nicholas made his fortune as the co-founder of Broadcom Corp. He is not being charged as a “drug dealer”, but for distributing them. He has every right to spend his legitimatly earned money to attempt to cover his law-breaking arse.
Does that mean if smoke weed on the way to Vegas, that the Fed’s can sieze my car ??? Passing a joint is now “dealing” ??? On the way to Vegas ??? WOW