Federal prosecutors are seeking to compel Reynolds and Reynolds Co. and individual executives to produce records ahead of a competency hearing for Bob Brockman, the company’s former chairman and CEO who faces tax and wire fraud charges.
Government lawyers filed a motion Monday asking a federal judge to order a handful of witnesses to turn over records in response to subpoenas within 30 days. Prosecutors wrote in the filing that while the witnesses are not required to produce evidence until the date of the Sept. 13 competency hearing, “such late production will cause unnecessary and undue delay.”
Brockman’s attorneys did not immediately respond to messages seeking comment.
Prosecutors wrote in Monday’s filing that defense lawyers object to the motion for reasons outlined in a filing in February. Defense attorneys wrote in that filing, which also addressed the government’s request for Brockman’s medical records, that prosecutors can’t conduct a “fishing expedition” to help gather evidence for competency proceedings.
“The government’s request is not only patently overbroad and unsupported, it is also impermissible,” Brockman’s lawyers wrote.
Prosecutors say they are seeking information from witnesses that can speak to Brockman’s competency and his ability to assist in his defense. Brockman, 80, was indicted in October on 39 counts, including tax evasion, wire fraud, money laundering and evidence tampering, in what federal prosecutors say was a two-decade scheme to evade taxes on $2 billion in income. He has pleaded not guilty.
His lawyers last year asked for a competency hearing, citing a diagnosis indicative of Parkinson’s disease or Lewy body dementia that is progressive and has affected his ability to process and retain information.
Brockman stepped down from his roles as chairman and CEO of privately held dealership management system giant Reynolds and Reynolds in November.
Reynolds could not immediately be reached for comment.
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