Richard Marmaro was instrumental in uncovering evidence of prosecutorial misconduct in the criminal stock-options backdating case against former Broadcom Corp. Chief Financial Officer William Ruehle. The revelation allowed him to obtain an unusual grant of immunity for two defense witnesses, and their testimony set off a chain of events that led to dismissal of the entire case. Marmaro considers it the highlight of his career. Perhaps more important, the case underscored criticism of overzealous prosecutors; the federal judiciary is reviewing how to ensure they meet their discovery obligation.
Marmaro, who heads his firm’s West Coast U.S. Securities and Exchange Commission and white-collar defense practice, also successfully argued prosecutorial misconduct in the stock-options backdating case against another client, former Brocade Communications Inc. Chief Executive Officer Gregory Reyes.
“What keeps me going is the opportunity to help a person or a company get out of a mess,” he said.