David Ryan Quoted in Daily Journal on DOJ’s Midtrial Dismissal of Pangang Case  

Munger, Tolles & Olson Of Counsel David Ryan was quoted in a Daily Journal article titled, “DOJ’s midtrial exit from Pangang case raises questions, former prosecutors say.”

The article examines the U.S. Department of Justice’s rare decision to dismiss economic espionage charges against Chinese steelmaker Pangang Group after trial had already begun. David discussed why such midtrial dismissals are exceedingly rare and the types of circumstances that may lead prosecutors to abandon a case at that stage.

David explained that prosecutors generally identify significant weaknesses in a case well before trial begins, making the timing of the dismissal highly unusual. He also noted that witness-related issues become increasingly likely in older cases, where memories may fade and testimony often has not been preserved through depositions. “It is typically the case that issues in the case would have come to the forefront prior to trial,” David said. “So, it is very unusual.”

David also discussed prosecutors’ ethical obligation to dismiss a case if they no longer believe they can prove guilt beyond a reasonable doubt. He emphasized that while prosecutors may appropriately reassess the strength of a case, what made the Pangang matter unusual was that the reassessment apparently occurred after trial had already begun.

Read the Daily Journal article. (Subscription may be required)