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 necessityā€¯ 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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