Robert Allen Stanford, alleged in a federal indictment to have masterminded the theft of more than $7 billion from investors in Louisiana and across the world, has lost a demand for a new judge.
Documents filed Wednesday in Stanford’s criminal case in Houston show that a 5th U.S. Circuit Court of Appeals panel rejected his request to remove U.S. District Judge David Hittner from the case.
Circuit Judges Emilio M. Garza, Edith Brown Clement and Priscilla R. Owen also refused to vacate Hittner’s order denying a team of Washington and Houston lawyers authority to represent Stanford on his request for millions of investor dollars for his attorney fees.
In Baton Rouge, attorney Winston G. Decuir Jr. said the 5th Circuit panel’s decision signaled they are not alarmed by Hittner’s actions at this point in Stanford’s two-month-old criminal case.
“It simply says the 5th Circuit has determined that the judge has made appropriate rulings at this stage of the proceedings,” said Decuir, who practices regularly in federal courts.
The case is watched carefully in Louisiana because more than 1,000 Stanford investors live in a triangular area bounded by Baton Rouge, Lafayette and Covington, according to estimates by local lawyer Phillip W. Preis and state Rep. Bodi White, R-Central.
Stanford, 59, denies he led a fraudulent scheme centered around certificates of deposit at his Caribbean-based Stanford International Bank.
He remains in custody at a detention center near Conroe, Texas.
In a Dallas federal court, the Securities and Exchange Commission alleges that worldwide losses to 30,000 investors may reach $9 billion.
In that civil case, a court-appointed receiver has recovered less than $100 million for eventual distribution to burned investors.
Stanford has asked U.S. District Judge David Godbey of Dallas to give him $10 million of that money to fund his defense against the SEC in Dallas and federal prosecutors in Houston.
Godbey denied that request earlier this year, but said Stanford could apply for a smaller amount. Instead of applying for less, Stanford asked Godbey to allow him to use the proceeds of liability insurance policies taken out before the SEC shut down his operations in February.
Godbey has not yet ruled on the insurance policies, which the receiver contends should be used for reimbursement of Stanford’s investors.
Earlier this month in Houston, Stanford told Hittner he no longer wants defense attorney Dick DeGuerin to represent him.
DeGuerin asked to withdraw. The Washington firm of Patton Boggs, as well as Houston attorney Michael D. Sydow, said they would replace DeGuerin, but only on the issue of Stanford’s request for attorney fees.
Hittner refused to permit DeGuerin to withdraw unless Patton Boggs and Sydow signed on for the entire case.
Decuir noted: “The judge has made it clear he does not want a legal team… if they won’t come on board” all the way.
Source: http://www.2theadvocate.com/news/53758862.html?showAll=y&c=y
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