Feds Rip Ex-Apple Atty's 'Hail Mary' Bid To Nix Criminal Case

Law360 (May 22, 2020, 8:37 PM EDT) -- Federal prosecutors on Friday tore into a dismissal bid lodged by a former senior Apple attorney indicted for insider trading, saying the lawyer's argument that the criminal case against him is unconstitutional is the legal equivalent of "a Hail Mary pass."

Gene Levoff, Apple's former director of corporate law and corporate secretary, had attacked the very foundation of criminal insider trading cases in his motion to dismiss, arguing they are "judge-made" constructs that erroneously apply U.S. Securities and Exchange Commission regulations in a criminal context and usurp the sole authority of Congress to make laws.

But prosecutors said Friday that Levoff...

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