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BCLP Partner Andrey Spektor was quoted Nov. 19 by The New York Times on the major milestone reached in the trial of Elizabeth Holmes, founder and CEO of Theranos: the government’s announcement that it was resting its case. “When prosecutors rest their case, they are basically saying they have enough to ask the jury to convict the defendant right then and there,” said Andrey, a former federal prosecutor. He noted he expected the defense to put on a case, rather than simply allow the jury to decide whether the prosecutors failed to prove theirs. “Most criminal defendants do not testify, particularly in white-collar cases where the government has many challenges to overcome, like in proving intent, and sometimes even in just proving that a crime occurred,” he said.  But this case was different, Andrey also explained, because the alleged offense is clear cut and the evidence fairly easy to understand.


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