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In the Courts
Second Circuit Upholds Admissibility of Wiretap Evidence in Securities Fraud Convictions
On July 1, 2013, the Second Circuit upheld the convictions of Zvi Goffer, Michael Kimelman and Craig Drimal for conspiracy to commit securities fraud under 18 U.S.C. ' 371 and securities fraud in violation of 15 U.S.C. ” 78j(b) and (ff), despite the defendants' challenge to the Southern District of New York's admission of wiretap evidence at trial. United States v. Goffer, No. 11-3591, 2013 WL 3285115, at *1, 13 (2nd Cir. July 1, 2013). On appeal, the defendants argued that the admission of wiretap evidence was unlawful because securities fraud is not a predicate offense to obtain wiretap authorization under Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. ' 2510. Id. at *4. Additionally, they asserted that because the evidence obtained through the wiretaps was not intercepted inadvertently to an otherwise lawful wiretap, it should have been excluded. Id. The Second Circuit rejected both arguments. Id.
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