A judge's hair-trigger declaration of a mistrial without polling the jury means the government is now barred by double jeopardy from retrying two white-collar defendants. In what lawyers say is an unprecedented decision, the 2nd Circuit said that U.S. District Judge Leonard Wexler abused the considerable discretion given judges for declaring a deadlocked jury. The ruling is a victory for Michael DeGennaro and Frank Borghese, who were accused of fraudulent practices designed to boost company stock prices.
Finding Mistrial Decision Premature, 2nd Circuit Bars Retrial of White-Collar Defendants
New York Law Journal
August 29, 2007