"...government didn't tell jurors the full story. " Does make one wonder.....

Aware of the goal of this Bush Appointed DOJ, what is this really all about?
What is really getting swept under the rug?


Tuesday, March 11, 2008 - 3:19 PM EDT
National Century defense calls case 'slipshod and sloppy'Business First of Columbus - by Kevin Kemper Business First

Closing arguments in the trial of five former executives at National Century Financial Enterprises Inc. moved into a second day Tuesday with defense lawyers characterizing the government's case as "slipshod and sloppy."

The Justice Department's final response before jurors were asked to decide the case accused the defendants of trying to shift blame for the alleged fraud at the heart of the company's collapse.

Leonard Yelsky, the attorney for executive James Dierker, told the 15 jurors who had listened to testimony for five-and-a-half weeks that the government did a poor job of making its case, saying the real criminals are free. The government has accused Dierker and the others of running the nation's largest health-care financing company into the ground by engaging in an eight-year fraud that resulted in National Century's $3 billion collapse and bankruptcy in 2002.

National Century was a financier for health-care providers, buying medical firms' receivables at a discount and packaging them as asset-backed bonds for sale to investors. Along with Dierker, Rebecca Parrett, Donald Ayers, Roger Faulkenberry and Randolph Speer are facing charges of money laundering, conspiracy and fraud. All have denied the charges.

Yelsky was the fourth defense attorney to give closing arguments in the case. Attorneys for Faulkenberry, Speer and Parrett gave their closing statements Monday, each telling the jury the government failed to give the complete story. When it was Yelsky's turn, he reminded jurors the National Century employees who testified against the executives had committed fraud and admitted to lying. One of those witnesses was never charged by the government, Yelsky said, because she was just doing her job.

"Isn't that what we call the Hitler defense?" Yelsky asked, referring to German government and military officials who said they were following Nazi orders in committing atrocities during World War II.

The government has accused Dierker of fraud because it alleges two wire transfers he approved were illegal. Yelsky told jurors the government has no proof of those claims, and then showed jurors documents approving the transfers. Dierker's name is not on the documents, Yelsky said. Instead, they were granted by Lance Poulsen, National Century's CEO and co-founder, he said.

Yelsky ended his argument with a plea for acquittal. He told the jury the United States isa nation where a citizen can fight accusations made against him by the government. "The United States never loses when justice is done in these courts," he said.

Brian Dickerson, attorney for Ayers, one of National Century's owners and its chief operating officer, focused on relevant information he claimed the government never presented. For example, he said the government never asked John Snoble to testify. Snoble was National Century's controller and his name appears on some National Century documents the government has said prove its allegations.

"Three out of 350 employees (at National Century) took the stand. Why?" Dickerson asked.

The three former employees the government did call couldn't say Ayers ever asked them to do anything illegal, Dickerson said.

Other information the government claimed the defendants concealed from investors - such as how investor-raised funds were used to keep struggling health-care clients in business - were disclosed in company documents given to investors, Dickerson said. Investors never completely read those documents, he said.

When Dickerson completed his closing remarks, the government got a last chance to make its case, and prosecutor Kathleen McGovern attempted to sway the jury with a logical argument. While the executives can argue "all day long" that their actions were authorized by the company's governing documents, McGovern asked the jurors why they then falsified investor reports if they did nothing wrong?

McGovern said each defense attorney told the jury that their client did nothing wrong, or shifted blame for National Century's collapse to others, or argued the government didn't tell jurors the full story. She countered by asking jurors how many witnesses they need to hear from to confirm the defendants lied.

U.S. District Court Judge Algenon Marbley is expected to give the jury its instructions this afternoon so it can begin deliberations.