Billionaire in Tax-Fraud Case Has Dementia, His Doctor Says

(Bloomberg) -- The self-described “quarterback” of billionaire Robert Brockman’s medical team testified that the 80-year-old Texas software mogul is moderately demented and getting worse, as a U.S. judge weighs whether he is fit to stand trial on charges of evading taxes on $2 billion in income.

“In terms of day-to-day functionality, I would describe him as moderately demented,” said James Pool, a clinical pharmacologist at the Baylor College of Medicine who has been Brockman’s treating physician for three years. Pool told U.S. District Judge George C. Hanks Jr. in Houston on Monday that Brockman had “progressive cognitive dysfunction.”

Hanks is in his sixth day of a hearing to determine if the billionaire is competent. Prosecutors, who say Brockman is faking, presented medical experts and other witnesses last week to make the case that he’s exaggerating his symptoms to avoid trial. 

On Monday, Brockman’s attorneys began presenting their case that he is not competent to help in his defense against charges that include tax fraud, money laundering and destruction of evidence.

Pool recounted his first meeting in 2018 with Brockman, the former chief executive officer of Reynolds & Reynolds, a leading maker of software used to manage auto dealerships.

“It was very clear that his demeanor was that of many other chairmen and CEOs that I’ve experienced over the decades,” Pool said. “It was a take charge, in charge persona that goes with the position.”

But Pool said Brockman also had poor short-term memory, saying: “I was not getting the depth of answers that I would expect.”

Pool said Brockman’s long-term and intermediate memory remain largely intact.

“I could ask about information that relates to his business and get pretty detailed answers,” he said.

Not Faking

Brockman, who has Parkinson’s disease, had permanent and progressive physical and cognitive impairment and was not faking his symptoms, according to Pool. The doctor said that several urinary tract infections this year have accelerated his decline. At one point, Pool said, Brockman and his wife were concerned that he was over-medicated, which could affect his progress.

Under questioning by prosecutor Lee Langston, Pool conceded that despite being the “quarterback” of Brockman’s medical team, he was unaware that a prominent neuropsychiatrist, Stuart Yudofsky, had been prescribing an anti-depressant. Pool also said that as a trustee at Baylor, Brockman was receiving VIP treatment from its doctors.

Defense lawyers also called Brockman’s home health assistant, Frank Gutierrez, who described how Brockman has declined mentally and physically in the past seven months. Sometimes, he said, Brockman has said he believes he’s dining at a restaurant when he’s eating at home. 

Thomas Guilmette, a clinical neuropsychologist and professor at Providence College, testified Monday that Brockman’s “dementia negatively affects his ability to assist his lawyers in his own defense.”  

Guilmette said he repeatedly tested Brockman, interviewed people around him, and analyzed tests by other experts. The billionaire’s memory for recent events “is often quite untrustworthy,” and his episodes of delirium this year “reflect the fragile nature of his brain functioning, the fragile nature of his cognition,” Guilmette said. 

‘Overlearned Topics’

Last week, prosecution witnesses described how Brockman testified skillfully in depositions in 2019 about business practices of his software firm. But Guilmette said Brockman had “overlearned topics that allowed him to speak quite articulately.” 

Brockman, he said, is “a very, very smart guy. He was writing computer code in the 1970s. He is the kind of gentleman who will show some well preserved skills moving into dementia, unlike some others without his native horsepower.” 

Since those depositions, Guilmette said, Brockman’s powers have eroded dramatically and he’s not now able to help his lawyers fight the complex 39-count indictment against him. 

“Could he take the stand and testify in a coherent way?” defense attorney James Loonam asked. Guilmette said no. 

Asked if he Brockman has the mental stamina to sit through a trial, Guilmette again said no. 

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