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: Legal Pad | LASamueli compelled to testify, gets immunity
By Richard Binder
Broadcom Corp. co-founder Henry Samueli will be compelled to testify in the federal options backdating trial of the Irvine chip manufacturer's former chief financial officer, according to U.S. District Court Judge Cormac J. Carney.
Carney took the rare step of granting judicial immunity to Broadcom Corp. co-founder Henry Samueli. The order means that nothing Samueli testifies to can be used against him unless he commits perjury.
Assistant U.S. Attorney Gregory W. Staples vigorously objected to the judge's decision, contending that the granting of immunity is the province of prosecutors and not judges. Samueli had indicated through his attorney that he would have asserted his Fifth Amendment right against self-incrimination if he were called as a defense witness in the prosecution of William J. Ruehle.
Samueli could be called to the witness stand as early as Thursday. Carney said he will officially sign the order on Wednesday, and Staples said his office will consider appealing the decision.
Full post as published by Legal Pad | LA on December 01, 2009 (boomark / email).

What does it mean for a witness to get immunity
Ninth Circuit Compelled-Use-Immunity Decision
Broadcom Co-Founder Pleads Guilty in Backdating Case
Kotler's Alternative to Standard Preemption Analysis
When immunity trumps the Fifth Amendment.









