Thomas McC. Souther, a partner in the White Collar Litigation and Investigations Practice Group of Pepper Hamilton, was quoted in the January 18, 2017 Law360 article, "Feds Oppose New Trial for Ex-Racer After Fraud Conviction."
Diamante Cabo San Lucas LLC representative Thomas McC. Souther of Pepper Hamilton LLP told U.S. District Judge Joseph F. Bianco about “a very troubling development” that he learned about over the weekend that raised serious concerns about whether the government is complying with a court directive set on Jan. 11.
The court made it clear at the Jan. 11 hearing that the scope of a protective order it made in August 2015 doesn’t permit the government to have broad access to DCSL’s books and records or to conduct interviews of the DCSL project’s personnel, Souther said. But a government agent on Jan. 12 contacted the accountant for DCSL who had prepared the company’s financial statements and asked to meet with him on Long Island, Souther said.
“It is astounding to me that a representative of the U.S. government, who was present in court on Wednesday afternoon and is fully aware of the court’s ruling, would seemingly ignore the court’s admonition and almost immediately attempt to arrange for a meeting and an interview of the DCSL accountant anyway,” Souther said.