Quattrone Again Seeks to Admit Evidence

Frank Quattrone, who is facing a second trial on obstruction-of-justice claims, offered a renewed bid to admit evidence favorable to his defense, saying the judge’s “lopsided” rulings the first time around had prejudiced the jury.

The former Credit Suisse First Boston banker filed legal papers on Monday urging U.S. District Judge Richard Owen to allow him to introduce evidence that was barred in the first trial, which ended in a hung jury. Quattrone said Owen’s rulings had caused him “serious prejudice.” The retrial is scheduled to begin March 22 in U.S. District Court in Manhattan.

“The court’s lopsided rulings gave the jurors a factually incorrect impression,” said Quattrone’s lawyer, John Keker.

The charges against Quattrone, who managed more initial public offerings for Internet companies than any other banker, represented the first criminal case arising from the alleged excesses of the late ‘90s tech boom. His Silicon Valley unit generated as much as 15% of CSFB revenue during that period.

In the first trial, the jury couldn’t agree on whether Quattrone had obstructed probes in 2000 and 2001 into how CSFB had allocated IPO shares. Eight jurors voted to convict; three favored acquittal. Owen declared a mistrial Oct. 24.

Keker and Owen clashed repeatedly, leaving Quattrone on the losing end of numerous evidentiary rulings. Keker said he should have been allowed to present evidence that prosecutors hadn’t been investigating Quattrone’s division at CSFB, a key defense claim throughout the month-long trial.

Herbert Hadad, a spokesman for acting U.S. Atty. David Kelley, declined to comment on Quattrone’s legal filing.

Monday’s filing by Quattrone seeks permission to introduce evidence of internal communications among CSFB lawyers showing that investigators had agreed to narrow their probe to a unit other than Quattrone’s. He also wants permission to ask more questions of government witnesses when they testify.

In addition, Quattrone is seeking government documents about the CSFB investigation and has renewed his bid to move the case to San Francisco. Both requests were denied the first time by Owen.