The prospects for Broadcom co-founder Henry Nicholas just got lousier.
The Orange County Register — which has been covering Nicholas like a cheap suit in his ongoing criminal case — reports tonight that a seven-year-old email from Nicholas to his then-wife Stacey, one in which he stated that a drug binge left him “not fully functioning” to run Broadcom, can be admitted as evidence against him.
Nicholas had been trying to block the email’s use in court, arguing it was personal and thus privileged information. The judge in the case doesn’t see it that way. He ruled that Nicholas can’t claim privilege because he typed his confessional note on a Broadcom computer without password protection. Further, the email had long ago been disseminated to several other Broadcom employees. Worst for Nicholas was that the email was already described in detail last year in — where else — the Orange County Register.
“The court cannot keep secret what is already public,” the judge wrote in his ruling.
Nicholas has been fighting charges that he conspired to commit accounting and securities fraud by backdating $2.2 billion in employee stock options. He has also been charged with distributing illegal drugs while at Broadcom.
More recently, Stacey Nicholas filed a suit against her ex-husband to break up their joint trust, saying he has misspent tens of millions of dollars and that after she filed for divorce, he threatened to have her “whacked.”