Plea in J. David Case Becomes Broken Play

Former professional football star John Brockington changed his mind Wednesday and decided not to plead guilty to a charge of income tax evasion stemming from a year during which he worked for the fraud-ridden J. David & Co. investment firm.

The sealed charge had been filed Monday by federal prosecutors, but Assistant U.S. Atty. Gay Hugo said Wednesday it will be withdrawn.

Brockington had intended to plead guilty and cooperate in a government investigation of J. David, but changed his mind in the morning after consulting with a new lawyer, Kenneth D. Noel.

Brockington originally was represented by attorney Stephen Hoffman, who said Tuesday that Brockington planned to waive a grand jury indictment and plead guilty to a charge that he evaded $7,922 in federal income tax in 1982. The charge carried possible penalties of five years in prison and a $100,000 fine. Hoffman said Tuesday that if Brockington did not plead guilty, the government would proceed with its investigation of his finances and widen the scope to include other years.

Probe to Continue

The government intends to continue its investigation of Brockington and may refile the charges, Hugo said, adding, “What happened today had absolutely nothing to do with the government.”

Brockington would not comment on the case, except to say, “I just hate to see my name connected with this. Whatever happens, happens.”

Noel, who is now representing Brockington, said he would not have recommended that Brockington plead guilty. “I got called in to take a second look at the case to see if there’s a different option,” Noel said.

A running back for the Green Bay Packers from 1971 through 1977, Brockington rushed for more than 1,000 yards in each of his first three seasons, earning him a place in the Packer Hall of Fame.

He bought a home in La Jolla in the mid-1970s and went to work for J. David as a salesman after his football career ended. He still lives in La Jolla.

$82 Million in Losses

J. David & Co. has been under investigation by federal prosecutors since February, 1984, the same month a group of investors forced the firm into bankruptcy after its checks began to bounce. J. David (Jerry) Dominelli, the firm’s founder, confessed that he did little, if any, trading for his 1,500 investors, whose losses totaled about $82 million. Dominelli is serving a 20-year sentence for his role in the fraud.

Brockington was just one of many salesman for J. David & Co., according to Noel, and was unaware of the firm’s financial irregularities. “He was just in the dark about what was going on,” Noel said. Before Brockington went to work with the firm, he “checked with everybody he could check with to find out if it was a legitimate business,” Noel said.

Brockington no longer plans to cooperate with the investigation and has little relevant information to offer, Noel added. “He is not a government informant . . . He just got swept up in the dragnet of the government’s conspiracy investigation.”

If government investigators look into Brockington’s tax returns for other years, they will find no irregularities, Noel said.