Ex-Sponge Co. CEO Loses Bid To Quash 2nd Circ. Appeal

Law360, New York (January 2, 2013, 6:35 PM EST) -- Prosecutors charging the former CEO of soap-infused sponge maker SpongeTech Delivery Systems Inc. with securities fraud can appeal an order barring data from seized computer equipment from trial, the Second Circuit has ruled, saying the government has a broad right to interlocutory appeal.

Siding with other federal appeals courts, the Second Circuit said in an opinion issued Dec. 27 that the statute allowed the U.S. to mount an interlocutory appeal about what evidence comes in a criminal case if the government certifies that the evidence could...
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