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SAN FRANCISCO � Midway through the options backdating trial of former Brocade Communications human resources vice president Stephanie Jensen, the defense has asked a federal judge to toss out the remainder of the scaled back case. Jensen’s jury trial began on the heels of the conviction of Brocade’s former CEO Gregory Reyes on securities fraud, conspiracy and falsifying books and records. Days before the start of her trial, federal prosecutors quietly asked the judge, in a pretrial conference memo, to dismiss all but the conspiracy to file false books and records claims against Jensen. With the government side concluded, and the defense under way, Jensen’s lawyer Jan Nielsen Little of Keker & Van Nest filed a motion for acquittal. “There has never been a standalone books and records case. And there has never been a books and records case against a human resources employee,” she wrote. “Such cases are invariably focused on CEOs, CFOs, treasurers and other high level managers, all of whom are responsible for either the financial statement or [Securities and Exchange Commission] filings,” she said. “In essence, the government has brought a false accounting charge against a human resources employee who had no involvement whatsoever in the company’s accounting,” Little wrote. With the trial still in session, prosecutors were unavailable and they have declined to comment on the case in the past. The government’s court papers accuse Jensen of conspiring with Reyes to manipulate personnel records to provide employees with favorable options grants, resulting in SEC filings from 2000-2004 that were materially false. U.S. District Judge Charles Breyer has not ruled on the defense request, U.S. v. Jensen, CR06-556CRB.

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