Replies to post #5171 on Rambus (RMBS)

[Threejack]

re: thoughtful post...


Hey Skeptic,

next999next is one of the few posters worth reading at Yahoo; always has a good point to make.

In the case of the FTC and spoliation, have to disagree with him, though.

A quick reading of COMPLAINT COUNSEL’S MOTION FOR SANCTIONS DUE TO RAMBUS’S SPOLIATION OF DOCUMENTS will bring you to tears, not from laughter, but from the sorry realization the smug chumps are likely to get their way. A cornerstone of Complaint Counsel's rationale is mortared by a quote from His Nibs himself:

=================================

Judge Payne saw Rambus’s conduct as a threat to the integrity of the judicial process:

"Simply put, destruction of documents of evidentiary value under
those circumstances is wrongful and is fundamentally at odds with
the administration of justice. Such activities are not worthy of
protection by privileges that are designed to advance the interests
of justice because those activities run contrary to the interest of
justice and, in fact, they frustrate the fair adjudication of
controversies by depriving the finder of fact of evidence from
which the truth may be discerned. Courts simply cannot sanction
the destruction of relevant evidence when litigation reasonably is,
or should be, anticipated. Nor can courts allow cherished and
important privileges to be diminished by permitting their use to
conceal document destruction as practiced by Rambus."16

http://www.ftc.gov/os/adjpro/d9302/050810ccmosanctions.pdf

================================

Advance the interests of justice?? As one of my nephews likes to say... "Sure."

Some, like Complaint Counsel, would have us believe His Nibs is like a beacon on the bench, ever in search of the truth...

Sure.

Here's my prediction: Complaint Counsel will prevail in the FTC appeal. The more time that passes since Judge McGuire's ID, the less significance it will be given by the Commission. The FTC case is all about spoliation and protecting the integrity of the FTC administrative process now. Rambus will be made an example of for other would be spoliators.

Mr. Tate and Company behaved like dopes, no question, but the FTC is acting like a gang of scoundrels.

Just my opinion.

Threejack