A former Aeropostale clothing executive cannot claim privilege to exclude from his upcoming trial for allegedly taking kickbacks an email listing his assets sent to his company account by an attorney preparing his will, a U.S. district judge in New York has ruled.

Christopher Finazzo, a former Aeropostale chief merchandising officer, was indicted in 2010, accused of sending more than $350 million of Aeropostale’s business to a supplier in exchange for kickbacks. Finazzo, who faces mail and wire fraud charges, has pleaded not guilty.

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