Carruthers Counters Judge's Ruling

4 June 2007

Lawyers for ex-BetonSports (BoS) CEO David Carruthers on Friday filed objections to Judge Mary Ann Medler's May 7 ruling, which denied Carruthers' motion to dismiss the racketeering charges against him.

In her ruling, Medler said Carruthers failed to present proper grounds for dismissal, citing various historical cases.

Carruthers' lawyers have argued that the cases Medler cited failed to support her denial of the motion. Furthermore, the lawyers argued, the U.S. has still failed to properly allege that BoS was an enterprise that is separate and distinct, or substantially different, from the acts which form the pattern of racketeering activity and that it fails to allege that the actions of the enterprise comprised two or more separate schemes, thus failing to allege a pattern of racketeering activity.

Carruthers, who was arrested and indicted in July 2006 on charges of racketeering, conspiracy and fraud, remains on house arrest in St. Louis, Mo.

Click here to read Carruthers' objections.