A former in-house lawyer at Apple Inc. accused of insider trading filed a motion to dismiss Monday, arguing that insider trading has been validated through case law rather than a statute that makes prosecuting it unconstitutional.

In February 2019, Gene Levoff was charged with securities fraud and wire fraud in the U.S. District Court for the District of New Jersey. Specifically, the U.S. Justice Department claims that Levoff sold stock he owned in the company during blackout periods. Prosecutors also claim Levoff “misappropriated material, nonpublic information about Company-1’s [Apple Inc.] financial results and then executed trades involving the company’s stock.”