A former expert-networking executive arrested as part of a government insider trading probe asked a New York judge on Monday to throw out wiretap evidence four weeks before his trial is to begin.
James Fleishman, a former sales manager at Primary Global Research LLC, argued to U.S. District Court Judge Jed Rakoff that a wiretap application federal investigators made to collect evidence did not comply with a law known as Title III.
Fleishman's lawyer, Ethan Balogh, said the government's wiretap application was too broad because it targeted 104 users of Primary Global's phone lines without showing a probable cause for wrongdoing.
We think that's dangerous and we think's it's incorrect, said Balogh.
Balogh also argued that the government did not show it had exhausted other traditional investigative techniques before seeking a wiretap.
Judge Rakoff said that he would issue an order on Fleishman's request on August 8.
Fleishman was arrested this past December and indicted in February. Prosecutors allege that Fleishman obtained inside information from certain consultants for the purpose of giving it to Primary Global's clients.
Fleishman is charged with conspiracy to commit wire fraud and conspiring to commit securities fraud. His trial is scheduled to start August 29.
The case is USA v Fleishman, U.S. District Court, Southern, District of New York, No. 11-32
(Reporting by Andrew Longstreth; Editing by Gary Hill)