SANTA ANA - A federal judge ruled against a no-jail plea agreement Monday involving Anaheim Ducks owner and Broadcom co-founder Henry Samueli for lying to government investigators.
U.S. District Court Judge Cormac J. Carney wrote that the deal
calling for five years probation, a $12 million payment and a
$250,000 fine would erode the public's trust in the judicial
Carney also said that "no sentence can be based on the amount of money
a defendant is willing and able to pay."
The 53-year-old Samueli of Corona del Mar pleaded guilty on June 23 to making a
false statement during questioning by a Securities and Exchange Commission
staffer in May 2007 about an alleged five-year back-dating scheme that
concealed $2.2 billion in Broadcom compensation expenses.
Lawyers for both sides asked the judge for time to renegotiate a
plea deal or allow Samueli to withdraw from the agreement.
Samueli, the owner of the NHL's Anaheim Ducks, struck the plea
deal with prosecutors earlier this year in a larger criminal probe
into stock-option backdating at Broadcom.
Under the agreement, Samueli would have avoided prison time and
would not have been required to help prosecutors build their cases
against Broadcom's former chief financial officer, William J.