Partner Stan Twardy and counsel Daniel Wenner co-authored an article discussing the likelihood that CFOs or auditors may be called as "star witnesses" in a criminal-fraud trial after the decision by the U.S. Court of Appeals for the Second Circuit in United States v. Cuti, 720 F.3d 453 (2d Cir. 2013). The authors noted that the ruling essentially will allow prosecutors to ask accountants who had participated in preparing or auditing financials "what-if-you-had-known" questions. "Accountants and other professionals will be turned from simple fact witnesses--discussing the mundane, 'who, what, when, where, and how'--into pseudo-experts," they noted. But the recent case law development, they said, might also work for the defense counsel. "[D]efense counsel can use the government's witnesses to provide opinion testimony on their client's behalf, by using 'what if' questions that show the defendant's lack of scienter," they concluded.
The article was published in the American Bar Association's Criminal Litigation Committee Fall 2013 Newsletter.
Day Pitney White Collar Attorney Stan Twardy was featured in the Politifact article, "The Facts on George Santos' House Expulsion: What Happens Next?"
Day Pitney White Collar Attorney Stan Twardy was featured in the Law360 article, "Outspoken NY Judge Could Help Trump More Than Hurt Him."
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Day Pitney White Collar Attorney Stan Twardy was featured in the Law360 article, "As Trump Lawyers, Flip Blaming Them Gets Trickier."
Day Pitney White Collar Attorney Stan Twardy was featured in the Law360 article, "Powell Plea Tightens Screws On Trump, Election-Denier Attys."
Day Pitney White Collar Attorney Stan Twardy was featured on Fox 61 Connecticut discussing the impact and potential implications the limited gag order that was placed on Trump could have on the case.
Day Pitney White Collar Criminal Defense Attorney Stan Twardy was featured in The Hill's article, "Proud Boys, Oath Keepers Prosecutions Set Stage for Trump DC Trial."
Day Pitney White Collar Criminal Defense Attorney Stan Twardy was featured in the Connecticut Post's Opinion column, "CT Lawyer is 1 of 11 Legal Experts to Call for Early Trump Trial."
Day Pitney White Collar Criminal Defense Attorney Stan Twardy was featured in the Insider article, "Trump Being Charged Alongside 18 Co-conspirators in Georgia RICO Indictment, Including Rudy Giuliani and Mark Meadows, Means More Changes for People to Flip on Him, Experts Say."
Day Pitney White Collar Criminal Defense Attorney Stan Twardy was featured on FOX61 Connecticut's coverage of the most recent charges against former President Trump in Georgia that includes a RICO charge.
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