Legal Ethics
Billionaire’s Lawyers Target Prosecutor’s Wife, Over Law Firm Tie
Posted Aug 22, 2008, 07:10 pm CDT
By Martha Neil
Lawyers for billionaire and former Broadcom CEO Henry Nicholas III, who is facing securities fraud and drug charges in federal court in California, are seeking to put the pregnant wife of a lead prosecutor in the case on the stand.
Because Yuliya Lyubovnaya, a lawyer, worked for Broadcom's longtime counsel, Irell & Manella, until 2007, there may be a conflict of interest in the options backdating case against Nicholas, his counsel contends. Lyubovnaya's husband, lead prosecutor Andrew Stolper, also worked for the Century City firm between 1999 and 2001 and met his wife there, reports the Daily Journal (sub. req.).
"Nicholas' lawyers suggest Stolper may have gained improper information as a result of his ties to Irell. The motion asks for his disqualification and seeks an evidentiary hearing, but does not cite specific evidence," the legal publication writes. "If a judge agrees to a hearing, Lyubovnaya would likely need to testify or sit for a deposition."
Earlier coverage:
ABAJournal.com: "Ex-Broadcom CEO Indicted in Options Backdating—and Drug—Case"
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