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10 - PEOPLE/(A-G)/Earl Brian.md
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@ -51,7 +51,11 @@ The Bua Report found no credible evidence to support the Iran trip allegation. E
Both Brian and Videnieks categorically denied ever meeting one another or meeting Riconosciuto, denied having visited Indio, California, and denied any involvement in the alleged PROMIS distribution. The Bua Report found both men to be credible witnesses and concluded there was "overwhelming" evidence of no connection between Brian and anything related to INSLAW or PROMIS. Bua found Riconosciuto's account a "tale of total fiction woven against the background of accurate historical facts" and Ben-Menashe's affidavits contradicted by his own subsequent testimony to Bua investigators.[^2]
Brian was never charged with any crime in connection with the PROMIS affair.
Brian was never charged with any crime in connection with the PROMIS affair. His libel suit against [[Elliot Richardson]] over the former attorney general's New York Times article of October 21, 1991, "A High-Tech Watergate," which accused him of taking part in an illegal conspiracy, was dismissed; the New York Court of Appeals held on November 29, 1995, that because Richardson had disclosed at the outset that he was INSLAW's own lawyer, because the article's "predominant tone" was "rife with rumor, speculation and seemingly tenuous inferences," and because its purpose was to call for an independent investigation, "a reasonable reader would understand the statements... as mere allegations to be investigated rather than as facts."[^5]
### Financial News Network and UPI
In July 1993 the Securities and Exchange Commission charged Brian and three others with fraudulently inflating the revenue and earnings of the Financial News Network, the Los Angeles cable channel controlled with United Press International by his holding company Infotechnology, Inc.; he settled without admitting or denying the charges and consented to a permanent injunction. A federal grand jury in the Central District of California returned a 24-count indictment in June 1994, unsealed on September 5, 1995, charging Brian, then Infotechnology's chairman, and its chief operating officer John F. Berentson with lying to obtain 56 million dollars in loans from Security Pacific and Toronto-Dominion in 1989 by falsifying FNN's books through fictitious equipment leases and inter-company billings; FNN's chief financial officer C. Steven Bolen and Gary A. Prince pleaded guilty and cooperated. FNN, which lost 72.4 million dollars in fiscal 1990, and UPI, whose management rights Infotechnology had bought in February 1988, both entered Chapter 11 in 1991. On October 17, 1996, after a four-month trial in Los Angeles, a jury convicted Brian on ten counts including conspiracy and bank and securities fraud, deadlocking on the rest; he was ordered to report to prison on August 18 of the following year to serve a term reported as four and a half years, and appealed. Hadron continued as a public company, was renamed Analex Corporation in 2002 and ceased reporting in 2007.[^6]
### Footnotes
@ -59,3 +63,5 @@ Brian was never charged with any crime in connection with the PROMIS affair.
[^2]: U.S. Department of Justice. *Report of Special Counsel Nicholas J. Bua to the Attorney General of the United States Regarding the Allegations of Inslaw, Inc.* March 1993.
[^3]: Seymour, Cheri. *The Last Circle: Danny Casolaro's Investigation into the Octopus and the PROMIS Software Scandal.* TrineDay, 2010.
[^4]: U.S. Senate, Permanent Subcommittee on Investigations. *The Inslaw Affair.* September 1989.
[^5]: *Brian v. Richardson,* 87 N.Y.2d 46, 660 N.E.2d 1126 (N.Y. 1995). https://www.law.cornell.edu/nyctap/I95_0246.htm
[^6]: "Former UPI execs charged with fraud," United Press International, September 6, 1995. https://www.upi.com/Archives/1995/09/06/Former-UPI-execs-charged-with-fraud/3824810360000/ ; Gersh, Debra, "SEC Accuses Former UPI Chief of Fraud," *Editor & Publisher,* July 10, 1993 (headline and date only); Fricker, Richard L., "Earl Brian: Reagan's 'Scandal Man' Off to Jail," *The Consortium,* 1997. https://www.consortiumnews.com/archive/xfile11.html ; Securities and Exchange Commission, EDGAR filing history for Hadron, Inc., CIK 0000044800. Fricker gives the reporting date as "Aug. 18" without a year; the sentencing order and the disposition of the appeal were not located.