In the gorilla of tax crimes cases, United States v. Brockman (S.D. Tex. Crim 4:21-CR-9), CL Docket Entries here, the Court yesterday denied Brockman’s attempt to avoid trial by feigning, so the Court found, incompetence. The Memorandum Opinion and Order (“Order”) so holding is here(Dkt # 263). The conclusion (pp. 41-42) is:
The Court finds that the Government has met its burden of establishing that Defendant Robert T. Brockman is competent to stand trial. In so finding, the Court is very mindful that Brockman is an elderly person who has Parkinson’s Disease, which is a neurodegenerative disorder, and has suffered from some degree of cognitive impairment. However, the evidence before the Court shows that Brockman is also an extremely intelligent person with both a high cognitive reserve and history of malingering for secondary gain. The Government has introduced compelling evidence showing that Brockman exaggerated his cognitive symptoms when he was being examined by medical professionals in the past; and Brockman’s performance on validity tests—some of them administered by his own neuropsychological expert—indicates that he continues to exaggerate impairment. Accordingly, the Court finds Defendant Robert T. Brockman competent to stand trial.
With this diversion behind for now, the case can proceed through other pretrial steps (including, certainly, further diversions for a defendant with the deepest of pockets to afford such diversions to delay or avoid justice) and go to trial.
I do not further discuss the Order because there are no exceptional criminal tax issues in the Order. Just a guy trying to avoid trial as if he were a fugitive from justice.