A former banker at Credit Suisse First Boston, Frank P. Quattrone, citing a Supreme Court ruling this week that overturned the conviction of accounting firm Arthur Andersen, asked an appeals court yesterday to reverse the guilty verdict in his case.
Mr. Quattrone, who was convicted last year of obstructing investigations into First Boston, told a federal appeals court in Manhattan that the Supreme Court’s ruling on May 31 reinforces his argument that jurors should have been instructed that he could be convicted only if he purposely destroyed documents the government was seeking as part of its investigation.
The jury charge by Judge Richard Owen “in this case was wrong.” Mr. Quattrone’s lawyer, Mark F. Pomerantz, said in a brief filed yesterday with the United States Court of Appeals for the Second Circuit. “The conviction must therefore be reversed.”
The filing comes three days after a unanimous Supreme Court ruling overturned Andersen’s 2002 conviction for obstructing a government investigation of Enron. The court said instructions given to the jury were flawed because they did not require proof that Andersen executives knew they were doing something wrong when they told employees to destroy documents.
In Mr. Quattrone’s brief – the second he has filed as part of his appeal – he says the judge in his case did not require jurors to find that he knew which documents prosecutors were seeking when he told subordinates to discard records.