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federal judge has refused to dismiss charges of conspiracy and tax evasion against the imprisoned founder of Adelphia Communications Corp. and his son, ruling the charges don't amount to double jeopardy.
The charges Adelphia founder John Rigas and his son, Timothy, faced in Pennsylvania are separate from the fraud charges on which they were prosecuted in New York, the judge ruled Friday."In the New York action, the Rigases were charged with agreeing to conceal from investors, analysts and lenders the failing financial condition of Adelphia," District Judge John E. Jones III wrote. "In this action, the Rigases are charged with agreeing to avoid paying income taxes. These two different objectives mark two different conspiracies."John Rigas is serving 12 years in prison and Timothy Rigas, once Adelphia's chief financial officer, is serving 17 years following their 2004 New York convictions on charges including conspiracy, bank fraud and securities fraud.Prosecutors said the Rigases essentially used Adelphia as their personal piggy bank. Once the nation's fifth-biggest cable company, Adelphia collapsed into bankruptcy in 2002.The Rigases were indicted in Pennsylvania in 2005 on federal charges of conspiracy and tax evasion. Prosecutors claim that they obtained about $1.9 billion in Adelphia funds for personal use and failed to report it as income, thus defrauding the government of $300 million in taxes.
The Rigases argued that their acquittal on wire fraud and conspiracy charges in New York means they did not scheme to defraud the company by diverting funds for personal use.In his 39-page decision, Jones wrote that while the New York jury "concluded they did not engage in a scheme to defraud Adelphia, this conclusion does not establish that they did not receive funds from the company for personal use."

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