Symbol Execs Let Off The Hook In Fraud Case

Law360, New York (August 27, 2007, 12:00 AM EDT) -- Two former Symbol Technologies Inc. executives have escaped retrial on securities fraud charges, after an appeals court ruled that a federal judge in New York had abused his discretion by declaring a mistrial.

In an opinion published Monday, the U.S. Court of Appeals for the Second Circuit ruled Judge Leonard Wexler had not used "sound discretion" when he ruled there was "manifest necessity” to declare the mistrial on the strength of a jury note indicating deadlock three days after deliberations had begun.

The circuit court judges...
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