Rigases score court victory

Although John Rigas and son Tim, who have been in a North Carolina federal prison for more than two years, do not face imminent release, their argument that federal prosecutors are piling on with a separate criminal case against them found a receptive audience this week.

The Rigases won an appeals court ruling that may lead to the dismissal of separate conspiracy charges involving tax evasion.

John Rigas, 84, is serving 12 years and, Tim Rigas, 53, faces a 17-year sentence in connection with their administration of Adelphia Communications Corp. Revelations of the company’s financial management led to their resignation and arrest, as well as the bankruptcy of the 50-year-old cable TV company that was headquartered in Coudersport.

Two of three judges on the U.S. Third Circuit Court of Appeals agreed that prosecuting the Rigases for conspiring to avoid taxes was double jeopardy.

A 2005 indictment charged that the defendants plotted to defraud the U.S. of more than $300 million in tax revenue by diverting income from Adelphia for personal use.

The appellate court refused to dismiss six tax-evasion counts against the Rigases. After a long jury trial, they were convicted of securities fraud and bank fraud, as well as conspiring to commit securities fraud, bank fraud, falsify records, and make misrepresentations to the Securities and Exchange Commission.