U.S. says Huawei lawyer's prior work at Justice Department poses conflict

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Huawei Technologies Co Ltd lawyer James Cole's prior work at the U.S. Depar...

- Huawei Technologies Co Ltd lawyer James Cole’s prior work at the U.S. Department of Justice created a conflict of interest that should disqualify him from defending the Chinese company in a case of alleged bank fraud and sanctions violations, U.S. prosecutors said in a filing on Friday.

“There is a ‘substantial risk’ that Cole could use ‘confidential factual information’ obtained while serving as DAG to ‘materially advance’ Huawei’s current defense strategy,” the prosecutors said, according to a redacted copy of the U.S. motion filed on Friday in U.S. District Court in Brooklyn, New York.

The company’s chief financial officer, Meng Wanzhou, daughter of Huawei’s founder, was arrested in Canada in December at the behest of U.S. authorities for her role in the alleged fraud. Meng has said she is innocent and is fighting extradition. The prosecutors said Cole possessed information from his time at the Justice Department that related to his Huawei representation that he could not reveal. Because the nature of the conflict is classified, the prosecutors said, Cole also cannot give Huawei enough information for them to waive any conflict.

 

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