NEW ORLEANS — As Orleans Parish District Attorney Jason Williams celebrated his not guilty verdict on 10 federal tax fraud counts Thursday, his business partner planned to ask a federal judge to consider overturning the jury’s guilty verdict on four separate counts against her.
Moments after Nicole Burdett was found guilty on counts related to her own federal income taxes, her attorneys argued she was only charged to get to Williams and the lack of proof in the case against him led to his acquittal.
"There is no way that Nicole ever would have been charged but for the government's overreach,” her defense attorney, Mike Magner, said. “The government offered Nicole immunity in return for false testimony against Jason Williams. She refused and was charged. We will pursue all lawful remedies on behalf of Nicole with the trial judge and on appeal if necessary."
And Magner provided a copy of the target letter federal prosecutors sent him in 2019 to back up those claims. Assistant U.S. Attorney Kelly Uebinger, the lead prosecutor in the case, confirmed in the letter that prosecutors offered Burdett immunity.
"Since she declined our offer, we have added her to this matter as a target and have requested her personal tax returns,” Uebinger’s letter to Magner said.
Magner said that’s grounds to ask U.S. District Judge Lance Africk to issue a “judgment notwithstanding the jury’s verdict.” He would likely have to consider the request to depart from the jury’s verdict before Sept. 30, when Burdett is scheduled to be sentenced.
Burdett was not a public official, but an employee at Williams’ private law firm who handled the firm’s business affairs. The differences between them were clear as they sat at separate defense tables. Williams, a veteran politician and former City Council president, sat quietly as they waited for the jury to come in to give their verdict. Burdett, by contrast, sat in nervous, silent prayer with her hands pressed together in front of her bowed head.
Judge Lance Africk read the four tax fraud counts relating to four years of Burdett’s personal taxes first, before getting the same jury’s verdict on the 10 counts charging her and Williams with conspiracy, tax fraud and failure to file cash receipts.
She sobbed openly at the unanimous verdict against her. Williams, although relieved to be acquitted on all his counts, looked from his separate defense table with pained concern on his masked face. After the jury was dismissed, he went over to Burdett’s table, hugged her and cried with her.
Jason Williams’ defense attorney Billy Gibbens said Burdett was “collateral damage” in the government’s misguided and ultimately failed efforts to get his client.
“Jason’s heartbroken for Nicole. She shouldn’t have been caught up in this,” he said on the courthouse steps.
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