Alleged prosecutorial misconduct merits case dismissal, admissions scandal parents argue


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The parents in the Operation Varsity Blues case continue to argue that their case should be dismissed after evidence surfaced insinuating that federal prosecutors instructed scandal mastermind William “Rick” Singer to bear false testimony about the bribes. (Vincent Leo | Daily Trojan)

Parents in the college admissions scandal submitted a reply in court Friday asking that the case or evidentiary phone call recordings be thrown out in light of the prosecution’s alleged misconduct.

In the reply, the defense argued that recordings of phone calls between scheme organizer William “Rick” Singer and the parents could not be used as evidence in the case, as Singer testified that prosecutors had told him to extract false statements from the parents on the calls.

“The Government now admits that ‘most of the defendants understood their money to be going to designated programs,’” the reply read. “But if Singer’s allegations are true, then (1) the calls have no evidentiary value, and (2) the Government engaged in the worst kind of official misconduct imaginable: fabricating evidence to secure a wrongful conviction.”

According to a memorandum filed Friday by Nathaniel Gorton, one of the federal judges overseeing the case, the government responded to Singer’s allegations of eliciting false testimony by stating that the claims did not merit an investigation.

“The Court considers the allegations … to be serious and disturbing,” the memorandum read. “While government agents are permitted to coach cooperating witnesses during the course of an investigation, they are not permitted to suborn the commission of a crime.”

The reply also cited an email from Singer to one of the parents claiming the side door method was an acceptable and recognized way to gain admission to a university. According to the defense, the government knew before Singer’s wiretapped calls with the parents that Singer had told them their payments were legitimate donations rather than bribes but told Singer to lie about the misrepresentation.

“When Singer told the Government that he had informed Defendants that the payments were donations, not bribes, he was telling the Government that he had informed them that the payments were legitimate,” the reply read.

The defense argued that the government’s failure to submit proof that Singer’s claims were false suggests the allegations of coercion are true.

“If the Government had any evidence to support its denials, it presumably would have filed it with its brief (as Defendants did),” the reply read. “Its utter failure to introduce anything from any of the relevant participants (all of whom are under Government control) speaks volumes.”

Fourteen parents, including 11 with USC connections, have opted to plead not guilty and fight charges in the Operation Varsity Blues case. They will stand trial in Boston federal court in two groups beginning Oct. 5.