SEC Can Use Probe Docs In McGinn Fraud Suit: Judge

Law360, New York (May 16, 2011, 5:36 PM EDT) -- A New York federal judge on Monday refused to prevent the U.S. Securities and Exchange Commission from using documents procured in a criminal investigation in its civil suit alleging McGinn Smith & Co. and its founders ran a $136 million securities fraud.

U.S. Magistrate Judge David R. Homer said he saw no reason to exclude the evidence, which was gathered using search warrants, since the SEC shared the information with the defendants. Though the evidence was collected more than a year ago, no criminal charges have...
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