In a case involving convictions which represented the first criminal convictions for a stock option backdating practice that was widespread in the late 1990s, former Brocade CEO's conviction is reversed due to prosecutorial misconduct in making a false assertion of material fact to the jury in closing argument. Other defendant's conviction is affirmed because sufficient evidence existed to convict her, but her sentence is vacated because it improperly included an obstruction of justice enhancement for which reprehensibility lay primarily with her lawyer.
Argued and Submitted May 12, 2009
Filed August 18, 2009
Opinion by Judge Schroeder
Amber Rosen, United States Attorney, San Jose, CA