In a sharp rebuke of the Eastern District U.S. Attorney’s Office for failing to disclose Brady materials, a federal appellate court has overturned the convictions of six brokers implicated in a scheme to allow day traders to eavesdrop on confidential communications.
The U.S. Court of Appeals for the Second Circuit said in United States v. Mahaffy, 09-5349, that the federal prosecutors deprived the defendants of a fair trial by failing to turn over transcripts that contradicted the testimony of key government witnesses. The panel noted that an attorney for the Securities and Exchange Commission who conducted pretrial depositions cautioned that at least some of the materials could be subject to mandatory disclosure under Brady v. Maryland, 373 U.S. 83 (1963).
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]