To report corrections and clarifications, contact Reader Editor Brent Jones.For publication consideration in the newspaper, send comments to [email protected] co-founder, could face thorny legal issues if he is called to testify at the upcoming securities fraud trial of the Irvine chip maker’s other founder, Henry Nicholas III. Samueli’s plea agreement doesn’t require him to cooperate with the government in its investigation of stock-options backdating at Broadcom, and it doesn’t provide him with blanket immunity should he be called to testify at the trial of Nicholas and former Broadcom chief financial officer William Ruehle.Samueli pleaded guilty Monday in federal court in Santa Ana to a single count of making a false statement to the Securities and Exchange Commission. District Judge Cormac Carney doesn’t agree to impose that sentence, Samueli can withdraw his guilty plea. Nicholas and Ruehle were indicted earlier this month for their alleged role in the backdating at Broadcom. He made the plea under a deal with federal prosecutors that would have let him pay million and get probation instead of prison. In June, Samueli pleaded guilty to lying to investigators from the Securities and Exchange Commission about backdating at Broadcom.Carney he was guilty of the single felony of making a false statement.
In August, the Ninth Circuit reversed the conviction of Gregory Reyes, former CEO of Brocade Communication Systems, due to prosecutorial misconduct.was the first, and most high-profile, of the criminal cases.Reyes’ defense was that, although he had signed off on backdated options, he had relied on Brocade’s finance department to properly account for the backdated options in the corporate books and was not responsible for false records.However, Samueli still faces an SEC lawsuit alleging that he helped orchestrate a five-year scheme to secretly backdate employee stock options.Samueli also could face perjury charges if any testimony he gives at the trial of Nicholas and Ruehle differs from what he told the SEC in last year’s deposition.