Palo Alto Couple Requests To Dismiss College Admission Case

PALO ALTO, CA -- The Palo Alto couple ensnared in the college admissions case involving 19 parents accused of paying off a recruiter to spur favor for their children onto elite campuses requested Monday to dismiss the case that has captivated the nation.

The case has named wealthy, prominent parents - some celebrities - who channeled the money through a bogus charity run by William "Rick" Singer, a Newport Beach college recruiter accused of operating a fraudulent scheme to get unqualified students into prestigious colleges through bribes. Singer has already pleaded guilty to the charges, among others including Stanford University sailing coach John Vandemoer, who was fired over the allegations. Stanford's renowned sailing program received up to $770,000 in three gifts accepted by Vandemoer.

Palo Alto defendants Amy, 59, and Gregory, 61, Colburn's Attorney David Schumacher made the motion based on the grounds prosecutors have cast a vast "conspiratorial net" onto the couple who had not "intended to commit" a crime and to (be) "part of a group that they never joined."

It's called guilt by association - an assertion on steroids from a legal perspective.

"The courts have repeatedly warned of the 'inherent danger in a multi-defendant
conspiracy prosecution,'" the motion reads. From Schumacher's point of view, this danger increases "exponentially when prosecutors rely on vague statutory terms," it further states.

The allegations against the Colburns entail a $25,000 payment made to correct their son's SAT scores.

But the motion has referred to the prosecution's contention of convicting his clients for such an allegation as "textbook examples of the prosecution casting the net too broadly" on such a vague argument. The Colburns face charges accusing them of mail and wire fraud conspiracy in addition to money laundering.

The defense has asked the U.S. District Court in Boston to dismiss the indictment against the Colburns because the case against them "does not allege sufficient facts or legal grounds" to treat the Colburns "as members of a single conspiracy that includes all of the other alleged co-conspirators" or to support allegations in the use of money for property mail or wire fraud.

According to the prosecution relating to the March 12 filing, the financial fraud case is based on charges of conspiracy to commit mail and wire fraud as well as honest services in relation to mail and wire fraud. The charges upon conviction would provide a maximum sentence of 20 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Upon conviction, the charge of conspiracy to commit money laundering would provide for a maximum sentence of 20 years in prison, three years of supervised release and a fine of $500,000 or twice the value of the property involved in the money laundering.

The Colburns are set for a court conference on June 3.

See also

• Mired By College Admissions Scandal, Stanford Responds