Southern District Judge William Pauley (See Profile) yesterday rejected another retrial bid by a former Deutsche Bank broker in the Jenkens & Gilchrist tax shelter fraud case. David Parse had claimed his lawyers with Brune & Richard provided ineffective assistance of counsel when they failed to disclose evidence that a juror during the 2011 trial lied about her identity. Pauley ruled last June that Parse had waived any claim to a retrial based on the misconduct of juror Catherine M. Conrad, who lied about her identity as a suspended lawyer with a criminal record (NYLJ, June 5, 2012).
Parse then moved for a new trial based on his claim that Brune & Richard’s Susan Brune, Theresa Trzaskoma and Laurie Edelstein were ineffective because they failed to disclose their in-trial suspicions about Conrad to the judge. Parse said this failure to disclose prejudiced him because it led the judge to deny him the retrial he granted to former Jenkens & Gilchrist attorneys Paul Daugerdas and Donna Guerin (who has since pleaded guilty) and ex-BDO Seidman CEO Denis Field. But Pauley said yesterday that the “strategic decision” of the Brune lawyers “to gamble on a jury that included (Conrad) and hide that knowledge from the Court—does not constitute ineffective assistance of counsel.”
Pauley also said Parse was not prejudiced because evidence of his guilt was “overwhelming.” Parse, represented by Paul Shechtman of Zuckerman Spaeder, is scheduled to be sentenced on March 1.