ATTENTION ALL POTENTIAL VICTIMS
United States v. Daniel Bayly, et al. - Court Docket Numbers: 05-20319 and H-03363 – Appeal pending
Before Judge Ewing Werlein Jr. in Courtroom 11D, 515 Rusk Avenue, Houston, Texas.
The January 28, 2008 trial date of former Merrill Lynch executives Daniel Bayly and Robert S. Furst (James A. Brown was scheduled for a separate retrial) was vacated by Judge Werlein on January 23, 2008 because of the pending appeals filed by the three defendants with the U.S. Court of Appeals for the Fifth Circuit. The defendants' briefs were filed on May 1, 2008. The filing date for the Government’s brief has been extended to June 11, 2008. The defendants’ due date to file their reply brief has been extended to July 10, 2008.
The three were convicted in November 2004 of one count of conspiracy and two counts of wire fraud in connection with the sham sale of power barges anchored off Nigeria. Bayly was sentenced to 2 years and 6 months in prison, a $250,000 fine and restitution of $590,000. Furst was sentenced to 3 years and 1 month in prison, a $75,000 fine and restitution of $590,000. And, Brown was sentenced to 3 years and 10 months in prison, a $250,000 fine and restitution of $590,000. The court of appeals overturned the convictions of all three in 2006, but sustained Brown's conviction for perjury and obstruction. The U.S. Supreme Court denied Brown's appeal of his perjury and obstruction of justice convictions.
On February 27, 2007, all three defendants were released on their own recognizance pending retrial subject to conditions set by Judge Werlein.
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