As profiled in The New York Times and The National Law Journal, Jim Asperger obtained complete vindication of former Broadcom General Counsel David Dull in the government’s criminal investigation of stock options backdating at Broadcom.  A related SEC lawsuit was also dismissed.

Mr. Asperger has been vigorously defending Mr. Dull’s integrity and innocence in both the government’s criminal investigation and a lawsuit filed by the SEC against Broadcom co-founders Henry Nicholas and Dr. Henry Samueli, former CFO Bill Ruehle, and Mr. Dull.  

As a direct result of Mr. Asperger's decision to expose the government attempts to improperly influence Mr. Dull’s testimony at Mr. Ruehle’s criminal trial, U.S. District Court Judge Cormac Carney found the government had engaged in misconduct, and Mr. Asperger obtained a promise from the government that Mr. Dull would be free from the specter of further criminal investigation.

Mr. Asperger later testified as a witness before the jury at Mr. Ruehle’s criminal trial regarding the government threats and attempts at witness intimidation.  This led the court to hear testimony about other instances of government misconduct and to permit such testimony to be heard by the jury.  The Court thereafter ordered the dismissal of criminal charges against Mr. Ruehle, Dr. Samueli, and Dr. Nicholas, as well as the dismissal of the SEC lawsuit.

According to the court order, “The lead prosecutor contacted counsel for Mr. Dull and threatened to prosecute Mr. Dull if he testified consistently with his prior testimony before the SEC. Compounding his misconduct, the lead prosecutor attempted to negotiate the testimony of Mr. Dull by, among other things, promising a soft cross if Mr. Dull incriminated or disparaged Mr. Ruehle.  The lead prosecutor somehow forgot that truth is never negotiable.”  Click here to read the full transcript of the order.