Latest Legal News from the Criminal Courts of Los Angeles, California and the U.S.

December 12, 2006

DOCTOR SENTENCED TO ONE YEAR IMPRISONMENT FOR PERJURY AND OBSTRUCTION OF JUSTICE

Gave False Testimony in Deposition and Evidentiary Hearing in Patent Case
Pending in Federal District Court in San Francisco

SAN FRANCISCO – United States Attorney Kevin V. Ryan announced that Aly Mohsen was sentenced today to one year in prison, and ordered to pay a $5,000 fine and $4,536 in restitution for conspiracy to obstruct justice and to commit perjury, perjury, and obstruction of justice. The sentencing of Amr Mohsen, the co-defendant of Aly Mohsen, is now scheduled for January 5, 2007. This sentence is the result of an investigation by the Federal Bureau of Investigation.

Mr. Mohsen pleaded guilty on January 24, 2006, to one count of conspiracy, in violation of 18 U.S.C. § 371, five counts of perjury, in violation of 18 U.S.C. § 1621(1), and one count of obstruction of justice, in violation of 18 U.S.C. § 1503. During his plea colloquy, Mr. Mohsen admitted to testifying falsely regarding the creation of a fabricated engineering notebook in a pretrial deposition and at an evidentiary hearing in the case of Aptix Corporation et al. v. QuickTurn Design Systems, Inc., C 98-00762 (N.D. Cal.).

Mr. Mohsen, 54, is a medical doctor and resides in Springfield, Missouri. He was originally indicted by a federal grand jury on March 25, 2003. The charges to which Mr. Mohsen pleaded guilty were alleged in an indictment filed on January 24, 2006.

The federal case involving Mr. Mohsen began when he was a witness in the Aptix v. QuickTurn case, a civil patent matter pending in federal district court in San Francisco. Mr. Mohsen’s brother, Amr Mohsen, was the founder, chairman, and CEO of Aptix, the plaintiff in that suit. The Aptix v. QuickTurn case was being heard by The Honorable William H. Alsup. During the civil trial, both Aly Mohsen and Amr Mohsen testified falsely about the provenance of an engineering notebook that Aptix was relying upon to buttress Aptix’s claim that Amr Mohsen had been the first to invent the technology in question. That technology involved “field programmable” circuit boards.

The federal criminal investigation began after Judge Alsup granted QuickTurn’s motion for terminating sanctions in the Aptix v. QuickTurn case, based on a civil finding that Aptix, through Amr Mohsen, had committed litigation misconduct by fabricating the engineering notebook in question.

Amr Mohsen was convicted by a jury in March 2006 of similar conspiracy, perjury, and obstruction of justice charges, in addition to charges of subornation of perjury, contempt of court, attempted witness tampering, and solicitation of the arson of a government witness’s car.

The sentence was handed down by U.S. District Court Judge William B. Shubb following a guilty plea on seven counts in violation of 18 U.S.C. § 371, 18 U.S.C. § 1621(1), and 18 U.S.C. § 1503. Judge Shubb also sentenced the defendant to a 3-year period of supervised release and ordered that, during that period of supervised release, Mr. Mohsen could not be employed in any job that required him to give court testimony or to provide certified copies of documents on a regular basis. Further, Judge Shubb imposed a $5,000 fine and ordered the defendant to pay the victim, now known as Cadence Design Systems, Inc., restitution in the amount of $4,536.74. The defendant will begin serving the sentence on February 14, 2007.

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CALIFORNIA CRIMINAL DEFENSE LAWYER

JOSEPH SHEMARIA

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Latest Legal News from the Criminal Courts of Los Angeles, California and the U.S.