The Justice Department’s case against Kent Roberts is officially closed.
A government motion went up this afternoon to dismiss the counts on which the jury deadlocked against the former McAfee GC. Assuming Judge Marilyn Hall Patel signs it (and given her commentary on Friday, she most assuredly will), Roberts will not have to worry about retrial on a “false books and records” charge, or an alternate honest services theory of mail fraud. The jury acquitted Roberts on another fraud theory.
U.S. Attorney Joseph Russoniello was recused from the prosecution, by virtue of his past association with Cooley Godward Kronish (which defended Roberts). So it fell to first assistant Dave Anderson to hammer the final nail.
"We tried the case as effectively as we could, and could not convince this jury that we had proved it beyond a reasonable doubt,” Anderson said in a prepared statement. “Respecting the jury's views, we have decided not to pursue this case further."
Cooley partner Stephen Neal declined to comment Monday afternoon, because Patel had not yet signed the order.
— Dan Levine