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Bob Brockman’s cognitive function has deteriorated, his lawyers say

Lawyers for Bob Brockman say his cognitive functioning has deteriorated after a current sickness and that the previous Reynolds and Reynolds Co. CEO isn’t competent to face trial on federal fees of tax evasion and wire fraud.

Brockman, 80, contracted COVID-19 in December and was hospitalized a month later with acute prostatitis and poisonous metabolic encephalopathy, in line with a courtroom submitting Wednesday. The medical situations brought on his cognitive decline — the results of dementia, “most likely caused by Parkinson’s disease and Alzheimer’s disease” — to worsen, his attorneys wrote.

Follow-up visits with his major care physician, the neurologist treating him for Parkinson’s illness and Dr. Thomas Wisniewski, a neurologist at New York University who served as an skilled witness for the protection at a competency listening to in November, “confirm that Mr. Brockman’s cognitive function has declined, and provide further support that he is incompetent to stand trial,” his lawyers wrote within the submitting.

“In the alternative, at the very least, these latest events counsel in favor of an independent competency examination by neutral experts to assess Mr. Brockman’s present cognitive ability,” they wrote within the submitting.

Brockman was indicted in October 2020 on 39 federal counts, together with tax evasion, wire fraud, money laundering and proof tampering, and pleaded not responsible. He stepped down from his position as chairman and CEO of dealership administration system large Reynolds in November 2020.

A competency listening to was held after his attorneys stated he has dementia that’s progressive and incurable and has made it tough for him to retain and course of data. Prosecutors, in the meantime, contend he has faked his signs to keep away from prosecution.

Medical consultants for each prosecutors and protection attorneys usually agreed of their testimony throughout the competency listening to that Brockman doubtless has Parkinson’s illness, although they differed on the extent of his cognitive impairment.

U.S. District Judge George Hanks Jr. has not but dominated on Brockman’s competency. The difficulty solely addresses whether or not Brockman can perceive the case and help with his protection to proceed to trial, not whether or not he was competent on the time of the alleged offenses.

Prosecutors had not filed a response to the protection courtroom submitting as of Thursday morning. A message in search of remark was despatched to the Justice Department.

Brockman’s lawyers included a letter from Wisniewski in Wednesday’s courtroom submitting. Wisniewski examined Brockman by videoconference this month. He stated Brockman didn’t acknowledge him, couldn’t provide particulars about his medical situation and confirmed “severe impairment of memory and cognition,” in line with his letter.

He added that Brockman’s “dementia has significantly progressed” since Wisniewski’s final analysis, in October 2021, earlier than the competency listening to, including that “there is no expectation that he will recover cognitively.”

Separately, Brockman’s lawyers requested Hanks in a March 29 letter to schedule a time for oral argument in a civil case they introduced towards the federal government difficult the IRS’ jeopardy evaluation associated to what the company says is $1.4 billion owed in taxes and penalties.

Brockman’s lawyers stated within the letter that “the IRS is actively seizing and placing liens on assets belonging to Mr. Brockman, as well as assets belonging solely to his wife and other third parties” and that he’s not transferring to place his belongings out of the federal government’s attain, regardless of its claims.

Government lawyers have known as the IRS’ actions “reasonable and appropriate” in their very own filings, citing allegations that Brockman has used offshore entities to hide belongings.

Hanks has not but dominated within the civil case.

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