David Brooks apparently lived a rather lavish lifestyle. As the head of a successful body armor company, he was rumored to have thrown a $10 million bat mitzvah party for his daughter that included performances by 50 Cent and Aerosmith.
In 2007, the fun came to an end. Mr. Brooks was named in a superseding indictment on charges stemming from his participation in several alleged schemes to the fraud shareholders and obstructing an SEC investigation. He was also charged with tax fraud.
After his guilty plea (on some counts) and conviction (on other counts), he was sentenced to substantial prison time. While in prison, he passed away. In an appeal before the Second Circuit, his family and estate challenge the status of his criminal convictions as well as the very large restitution order against him.
So, what does happen if your client dies during a criminal case? We hope we never have to reach this issue, but the Brooks opinion gives some helpful guidance.