“The indictment is not a surprise as you know since in the Statement of Facts released last year as part of Robert’s Non Prosecution Agreement (NPA), there were two individuals of interest to the DOJ—Bob Brockman (now known to be Individual A), and Carlos Kepke as Brockman’s lawyer (now known to be Individual B)—and that Robert’s cooperation represented DOJ’s best avenue to prosecuting each of those individuals,” a source said.
The Justice Department could not have prosecuted Kepke on the basis of his role as Brockman’s lawyer, a source said, as the statute of limitations has expired.
“Prosecutors may have hoped Kepke would cooperate, like Smith, in their case against Brockman,” it was reported. But he declined to follow Smith from alleged criminal into informant status.
Brockman was the former chief executive of Reynolds and Reynolds Co, an auto dealership software vendor.
