Banker Granted Retrial in a Case From 90's Boom

[Jon8503]

Could this be a form of jury nullification for the rich & powerful? I know this had nothing to do with a jury, but, I am saying another form of it by the Appeals Court for the rich and powerful.
This is based on jury instructions and also the Appeals Courts has even called for a new judge to handle the new trial which is a rarity. Technically, they may be correct, but it just brings to thought all of those that scream about trials and lawyers that get people off on technicalities.
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NY Times By ANDREW ROSS SORKIN:

A federal appeals court yesterday overturned the obstruction-of-justice conviction of Frank P. Quattrone, the investment banker who rose to prominence in the 1990's technology boom, and granted him a new trial.

The ruling, a rare reversal of a jury verdict, is considered a big setback for the Justice Department, which had sought to portray Mr. Quattrone as a symbol of Wall Street excesses during the boom years.

A three-judge panel of the United States Court of Appeals for the Second Circuit in Manhattan unanimously found that the judge's instructions to the jurors had failed to adequately require that they establish that Mr. Quattrone intended to thwart a government investigation.

"We cannot confidently say that if a rational jury was properly instructed," it would have found Mr. Quattrone guilty, the panel wrote.

The ruling, 61 pages long, recalled another prominent defeat in a white-collar case, the decision by the Supreme Court last year to overturn the conviction of the accounting firm Arthur Andersen.

http://www.nytimes.com/2006/03/21/business/21star.html?_r=1&oref=slogin&pagewanted=print

[acmejack]

1. Not a single day in jail

Justice is served again, AmeriKa what a country