Quattrone Wants Trial in California
NEW YORK -- Frank Quattrone, the once-powerful Silicon Valley investment banker, asked a federal judge Monday to move his upcoming obstruction-of-justice trial from New York to Northern California.
Given that Quattrone and many key witnesses live there, it would be “far more convenient” to have the trial in California, Quattrone’s lawyers wrote in a submission to U.S. District Judge Richard Owen.
Because the lead defense firm, Keker & Van Nest, is based in San Francisco, an East Coast venue would “disrupt the attorneys’ ability to prepare Mr. Quattrone’s defense,” according to the filing.
Quattrone also has “unique personal and family circumstances” that are further reason for a transfer, his lawyers wrote. The portion of the filing that elaborated on those reasons was filed under seal.
Outside experts doubted the judge would consent to a move, in part, they said, because there don’t appear to be compelling reasons for a switch.
Change-of-venue requests are “commonly asked for when there’s been considerable publicity and are rarely granted,” said Brad Bennett, a partner at Baker Botts in Washington. “If you gave it to Quattrone, you’d have to give it to everyone.”
A spokesman for James Comey, the U.S. attorney in Manhattan who is prosecuting Quattrone, said Comey’s office would file a response by July 11 and declined to comment further.
Charged with obstruction of justice in a three-count complaint, Quattrone is the only prominent Wall Street figure to be charged criminally as a result of Wall Street’s recent scandals.
Comey’s office alleges that Quattrone sought to impede a federal grand jury investigation of the handling of initial public stock offerings at his former firm, New York-based Credit Suisse First Boston. Quattrone was head of CSFB’s Palo Alto-based technology investment banking unit.
The government alleges that Quattrone sent an e-mail to fellow employees urging them to destroy IPO documents even though he knew that government investigations were underway and that all records were supposed to be retained.
Quattrone has steadfastly maintained his innocence. His lead attorney, John Keker, is a well-regarded defense lawyer who is known for his courtroom prowess. Keker also is representing Andrew Fastow, Enron Corp.’s former chief financial officer.
In the filing Monday, Quattrone’s attorneys also sought access to extensive evidence from the grand jury investigation, including details of testimony.
“We believe that the requested evidence will show that Mr. Quattrone’s Dec. 5, 2000, e-mail was not addressed to anyone who actually testified or produced documents and had no bearing whatsoever on the content of what was actually presented to the grand jury,” his lawyers wrote.
