Judge tosses $100M fraud case against Alpine businessman Rick Koerber
Stuart Johnson, Deseret News
SALT LAKE CITY — A federal judge Thursday dismissed a long-running $100 million fraud case against Alpine businessman Claud R. "Rick" Koerber.
U.S. District Judge Clark Waddoups ruled that government prosecutors violated the Speedy Trial Act and engaged in a "pattern of widespread and continuous misconduct" in prosecuting Koerber.
Waddoups found "most egregiously" that prosecutors violated Koerber's due process rights with their "tactic of illegally planning and conducting impermissible" interviews with him in February 2009, even though he had an attorney at the time. The judge earlier tossed out any evidence the government obtained in the interviews.
Koerber's attorney Marcus Mumford said he was pleased with the judge's ruling.
Waddoups dismissed the case with prejudice, meaning prosecutors can't refile the charges. The government can appeal the ruling to the 10th Circuit Court of Appeals.
Prosecutors charged Koerber in May 2009 with mail fraud, wire fraud, fraud in the offer and sale of securities, sale of unregistered securities, money laundering and tax evasion. The charges stemmed from an investment scheme they say Koerber operated from 2004 through 2008 that led to the loss of $100 million in investors' money.
— Dennis Romboy
- Jury orders Siegfried and Jensen to pay...
- Wanted Layton man dies in New Mexico plane crash
- LDS Church relationship with Boy Scouts in...
- Alleged sexual abuser on the run for 17 years...
- Which U.S. cities are the best for upward...
- Doug Robinson: Weber State track coach isn't...
- Salt Lake City mayor's spokesman placed on...
- IRS commits to not target tax-exempt status...
- LDS Church relationship with Boy Scouts... 303
- Boy Scouts in Utah, nation face... 141
- LDS Church 're-evaluating' Scouting... 109
- Profane and acclaimed: 'The Book of... 77
- Most Utahns oppose Supreme Court ruling... 68
- Lee takes on new strategy in fight... 46
- IRS commits to not target tax-exempt... 46
- Is report on building prison in Draper... 36