HOUSTON, Dec 22 (Reuters) - Financier Allen Stanford was
judged mentally fit to stand trial by a federal judge on
Thursday, setting the stage for a trial next year in one of the
biggest white-collar fraud cases since Bernard Madoff.
Stanford, 61, is accused of operating a $7 billion Ponzi
scheme that bilked investors throughout the United States and
Latin America.
He has been in federal custody since his arrest in June 2009
after being considered a flight risk.
U.S. District Judge David Hittner in Houston said a
"preponderance of evidence" presented in a three-day hearing
convinced him Stanford is capable of helping his attorneys
prepare for trial.
Lawyers for Stanford argued unsuccessfully that their client
suffers from a lasting brain injury from a jailhouse attack in
September 2009, serious depression and said drugs administered
after the brain injury have impaired his memory.
Prosecutors contended Stanford exaggerated his amnesia and
they wanted his trial to start as scheduled in January.
Stanford looked back and waved at his mother, 81-year-old
Sammie Stanford, as he was taken from the courtroom after the
judge read his brief order.
Hittner said he would rule next week on a defense motion to
delay the beginning of Stanford's trial for four months.
Stanford, who once ran the Stanford Financial Group and
owned luxury homes in the Caribbean, Houston and Miami, was
indicted on charges of fraud, conspiracy and money laundering.
He pleaded not guilty.
He is accused of running a Ponzi scheme involving the sale
of fraudulent certificates of deposit issued by his offshore
bank in Antigua. A Ponzi scheme is a fraud in which existing
investors are paid with money from newer ones.
Hittner presided over three days of testimony on Stanford's
competency after Stanford was treated for more than eight months
at a prison hospital in North Carolina, where he was weaned off
anti-anxiety medication and underwent psychological testing.
"Mr. Stanford doesn't want to fight," Assistant U.S.
Attorney Gregg Costa said in his closing statements Thursday.
"He wants to con his way out this case just like he conned
investors out of their money for 20 years."
Doctors at the North Carolina facility found Stanford had
"no mental illness which would interfere with his ability to
understand the nature and consequences of the proceedings
against him or to assist properly in his defense," according to
a report to Hittner.
"I see no brain injury that stands in the way of his
standing trial," Dr. Robert Cochrane, Stanford's primary
evaluator at the Butner federal prison hospital, testified.
Witnesses for Stanford, however, said doctors at the federal
facility downplayed the severity of Stanford's brain injury and
mental problems.
They said he suffers post-traumatic stress disorder, major
depression and insomnia, among other problems, that would make
it hard for him to concentrate, analyze information or testify
in his own behalf.
"The clinical diagnosis is very important to treatment
decision as well as legal decisions such as in this court," said
Dr. David Axelrad, a forensic psychiatrist testifying for
Stanford.
His attorneys said he would be unable to help them analyze a
the massive amount of information related to his investment
business.
"He can't get on the witness stand," Ali Fazel, a Stanford
attorney, told the judge. "The fundamental right he has, he
doesn't have the ability to do."
After the ruling, Stanford attorney Robert Scardino declined
to comment on Hittner's decision, citing a gag order.
"We will continue to get ready for trial," Scardino said.
Stanford spent the night under psychological observation
after a neuropsychologist testifying for the defense on
Wednesday said Stanford had been suicidal at some period since
his arrest.
Jail officials said in court they acted with "an abundance
of caution" after the testimony on Wednesday.
Stanford's mother, Sammie, denied her son is suicidal.
"That is laughable," she told reporters after the hearing.
"My son is not suicidal."
Stanford was moved to a more secure room but not put under
suicide watch, staff attorney Jennifer Hansen of the federal
detention center in Houston, told the judge. She said she had
requested that Stanford be under psychological observation
again
Thursday night.
The case is USA v Stanford, U.S. District Court, Southern
District of Texas, no. 4:09-cr-00342.
For USA: Gregg Costa of the U.S. Attorney's Office.
For Stanford: Dick DeGuerin of DeGuerin and
Dickson.
(Reporting by Eileen O'Grady)
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