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The same witnesses Carney determined had been improperly influenced by the government – Samueli, former Broadcom general counsel David Dull, and former vice president of human resources Nancy Tullos – would also be witnesses in that case, he explained.Carney also said there was evidence of government misconduct against Nicholas, such as prosecutors’ threat to issue a grand jury subpoena to Nicholas’ 13-year-old son “and force the boy to testify against his father.” Nicholas said that he was “deeply grateful” for the judge’s decisions to dismiss the cases faced by Ruehle, Samueli and himself.
The collapse of the government’s case against Broadcom was due, in the judge’s mind, to the conduct of federal prosecutor Andrew Stolper – who had become the recent focus of Ruehle’s trial. The judge said the government’s treatment of Samueli was “shameful,” describing it as a “campaign of intimidation and misconduct” intended to bring him down. Stolper’s actions are the subject of an investigation by the U. Department of Justice’s Office of Professional Responsibility, according to a court filing.On August 2, 2010, the court granted final approval of the settlement.The deadline for filing a proof of claim form was August 13, 2010.Carney also dismissed the Nicholas fraud case “with prejudice,” which means the government can’t bring the same charges again.“I always had hope and confidence that the truth would come out in the end, and as the trial progressed (and) I heard what the judge was saying, I had more confidence,” Ruehle said afterward.
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