The department asserts that the former deputy attorney general has a conflict of interest in the fraud and sanctions violation case against the Chinese tech giant.
By Ellen Nakashima Ellen Nakashima National security reporter Email Bio Follow May 10 at 7:48 PM Federal prosecutors are seeking the removal of the lead defense lawyer for a Chinese firm charged with bank fraud and sanctions violations, alleging he has a conflict of interest arising from his supervision of a “substantially related” case while he served in a prior position as the Justice Department’s second-highest-ranking official.
Moreover, they said, “there is a risk that Cole will breach his duty of loyalty to the department by making arguments on behalf of the defendants that contradict positions he previously took while representing the DOJ.”The move to disqualify is fairly unusual, but analysts note that if the government thinks there is a conflict of interest, prosecutors have an obligation to bring this concern to the court’s attention.
In March, Cole declined to recuse himself, writing to the government that after carefully considering the material, he and his counsel “were unable to determine that I need to be disqualified.”
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