Statement on U.S. v Koerber

“After a thorough review and careful consideration, we notified the Court today that the United States intends to retry its case against Mr. Koerber.  We have asked U.S. District Judge Robert J. Shelby to set a status conference at which time the United States will request a firm date for retrial.

“On October 16, 2017, the Court dismissed the jury in the first trial after they were unable to reach a unanimous verdict.  Since that time, a number of jurors have volunteered their perspectives relating to their jury service in this matter.  Based upon what we learned from these candid and informative discussions, and based upon the serious crimes alleged and unresolved, the United States will move forward with this case.  Immediately following the first trial, there were defense assertions that an overwhelming number of jurors were in favor of acquittal.  Based upon the information volunteered to our office, those claims appear to have no merit.

“While we recognize the cost, time, and energy it will take to retry this case, it is the right thing to do.  In a case where investors entrusted approximately $100 million to the defendant, of which well over $50 million was redistributed to other investors, a jury should reach a unanimous verdict as to the defendant’s culpability, or lack thereof.  For either party and for our broader community, justice demands the finality of a unanimous jury verdict.”

                                                            U.S. Attorney John W. Huber