New trial ordered in NYC for ex-food service boss
Lawyer Blogs
A federal appeals court ordered a new trial Thursday for the former chief marketing officer of one of the nation's biggest food products distributors, saying errors by a judge make it necessary to dissolve the conviction and the seven-year prison term that followed.
The 2nd U.S. Circuit Court of Appeals ordered the new trial for Mark Kaiser after concluding that the trial judge erred in his instructions to the jury in November 2006, resulting in a flawed trial.
Kaiser, 55, of Ellicott City, Md., has been free on bail since he was sentenced three years ago to seven years in prison.
A lawyer for Kaiser did not immediately return a telephone message for comment. Prosecutors also did not immediately comment.
Kaiser was convicted of securities fraud, conspiracy and false filing after prosecutors said he and others enhanced their own bonuses by boosting the company's earnings $800 million from 2000 to 2003 by reporting fake rebates from suppliers.
Kaiser worked for U.S. Foodservice Inc., a former subsidiary of supermarket giant Royal Ahold NV. Ahold sold U.S. Foodservice Inc. in 2007 to a group of buyout firms led by KKR & Co. LLP. Defense lawyers argued at trial that Kaiser was kept in the dark about any financial misdeeds that occurred at the company.
Netherlands-based Ahold's U.S. properties include the Stop & Shop and Giant supermarket chains. U.S. Foodservice is one of the largest distributors of food products in the country, providing to restaurants and cafeterias.
Related listings
-
Court lets Vatican-sex abuse lawsuit move forward
Lawyer Blogs 07/01/2010The Supreme Court won't stop a lawsuit that accuses the Vatican of transferring a priest from city to city despite repeated accusations of sexual abuse.The high court on Monday refused to hear an appeal from the Holy See, the legal name for the Vatic...
-
SEC paying $755K to settle with fired lawyer
Lawyer Blogs 06/30/2010The Securities and Exchange Commission is paying $755,000 to settle a lawsuit with a former staff lawyer who accused the agency of blocking his investigation of a prominent hedge fund.The SEC settlement of Gary Aguirre's wrongful termination claim re...
-
Kagan on guns: Court precedents are 'settled law'
Lawyer Blogs 06/29/2010Supreme Court nominee Elena Kagan says she considers recent high court decisions expanding gun rights to be "settled law."Kagan was asked at her confirmation hearing about two recent decisions, including a 5-4 ruling Monday, which essentially guarant...
Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.