Denver, CO -- (ReleaseWire) -- 06/24/2016 --"As we continue to pursue a congressional probe into prosecutorial misconduct on behalf of the six wrongly-convicted executives of the IRP Solutions Corporation, we are pleased that U.S. Senator's Chuck Grassley (R-IA) and Mike Lee (R-UT) are taking action on frivolous cases being brought by over-zealous federal prosecutors that are hurting U.S. businesses," says Lamont Banks, Executive Director of A Just Cause.
According to a June 6, 2016 Wall Street Journal Op-Ed, Grassley and Lee sent a letter on May 19, 2016 to Deputy Attorney General Sally Quillian Yates asking about prosecution of Vascular Solutions CEO Howard Root for simply marketing varicose-vein kits for off-label uses prior to the final approval of the Food and Drug Administration. Evidence was found that prosecutors threatened witnesses with perjury charges if their testimony didn't fit the DOJ narrative. The Senators asked this was an "accepted practice or policy," and if not, "what disciplinary steps have been taken."
"When overzealous prosecutors bring frivolous cases they often have to manipulate the law in unethical and illegal ways, withhold evidence, intimidate witnesses or suborn perjury to make the facts fit their narrative," says Banks. "It appears that is what happened to Mr. Root and that is definitely what happened to IRP Solutions executives, David A. Banks, Kendrick Barnes, Gary L. Walker, Clinton A. Stewart, Demetrius K. Harper and David A. Zirpolo," adds Banks.
Former federal appeals Judge H. Lee Sarokin has written publically about the over-zealous prosecution in the IRP6 case, stating the executives were prosecuted for "failing to pay corporate debts." "A Just Cause has personally discussed the IRP6 case with the Senators and they both have a deep fidelity to the Constitution and are serious about dealing with misconduct by government officials," says Banks. "We have found similar commitment from many others in the House and Senate and are hopeful they will help these six victims of government abuse," adds Banks.
Some of Kirsch's misconduct are part of a judicial complaint submitted to the 10th Circuit Court of Appeals (http://media.wix.com/ugd/c392f0_9d6c8fbd1fd2465cbef0174119d909a4.pdf). The complaint alleges that Judge Christine M. Arguello and 10th Circuit Judges Bobby Baldock, Harris Hartz and Jerome Holmes failed to follow prevailing law related to 5th and 6th Amendment violations that occurred at trial and instead used "intentional misrepresentations of facts" and subversions of federal law initiated by Kirsch against the defendants in their opinion and rulings.
Judge Sarokin, who reviewed trial transcripts concluded that the IRP executives 5th Amendment rights was indeed violated by Arguello and stated that Kirsch's complete silence on obvious facts concerning the violation and attempt to indirectly cure the Judge Arguello's transgression "speaks volumes."
After forwarding the judicial complaint along with Sarokin's findings to the DOJ, AJC received a response from the DOJ Criminal Division asking for patience (http://media.wix.com/ugd/c392f0_a434c9d5224146549c741c4aa4301ed9.pdf). "Having patience is extremely difficult when the men and their families have suffered intense pain from them being wrongly-imprisoned for the past 4 years and counting," adds Banks. "We have spent the past few years inundating the DOJ and the White House with overwhelming evidence of this misconduct that is blatantly obvious from simply reading Day 11 trial transcripts," says Banks.
In a letter sent last year to President Obama, Judge Sarokin asked President Obama for clemency asking him to immediately send the men home. "We ask President Obama and Attorney General Lynch that if they actually feel further investigation is warranted then to please confine these men at home where they can at least be with their families," says Banks. "There is certainly probable cause to do so," concludes Banks.
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Lamont Banks
A Just Cause
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Judiciary Committee Heavyweights Question DOJ About Prosecutorial Misconduct