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Undecided: Bob Brockman’s competency for trial

Lawyers for Bob Brockman say the ailing former CEO of Reynolds and Reynolds Co. is unable to help in his protection in opposition to federal tax evasion costs.

But prosecutors are skeptical about these claims, writing in court docket filings that regardless of a prognosis indicative of Parkinson’s illness or Lewy physique dementia, Brockman continued on the helm of the privately held dealership administration system large till after he was criminally charged almost a year in the past.

The case in opposition to Brockman, 80, is on the cusp of figuring out whether or not he’s competent to face trial. A federal decide on Friday, Sept. 10, delayed a competency listening to that had been scheduled to start Monday, Sept. 13, as a substitute scheduling a standing convention for Monday to debate particulars of the listening to.

“The judge’s overriding burden is to make sure that the system gets a fair trial, which means we don’t prosecute the sick. But if he can assist in his own defense and he can participate in the trial and he knows right from wrong, then the United States public is entitled to a fair trial,” mentioned Frank Agostino, president of Agostino & Associates, a legislation agency in Hackensack, N.J., that handles tax circumstances.

“You can’t evade millions or billions of dollars without criminal consequence,” mentioned Agostino, a former lawyer for the IRS and former particular assistant U.S. lawyer in Newark, N.J., with a concentrate on felony tax offenses. “So the judge has to decide: What’s right for the man and what’s right for society? That’s the toughest thing that a judge has to do.”

The court docket’s ruling on competency will decide whether or not Brockman goes to trial on 39 federal counts, together with tax evasion, wire fraud, money laundering and proof tampering. He was indicted in October 2020 in what federal prosecutors say was a scheme lasting two decades to evade taxes on $2 billion in income. Prosecutors additionally allege Brockman defrauded buyers in Reynolds and Reynolds’ debt. He has pleaded not responsible.

Brockman’s legal professionals didn’t reply to messages looking for remark for this report. The U.S. Department of Justice declined to remark.

Automotive News spoke with 4 legal professionals who’ve labored as prosecutors and/or protection attorneys, together with on federal felony and tax circumstances, in regards to the points weighed in competency proceedings. Here’s the place the case stood late final week.

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