Ex-Diebold CFOs Eye Janus Defense In SEC Fraud Case

Law360, New York (August 19, 2011, 12:28 PM EDT) -- Two former Diebold Inc. chief financial officers asked an Ohio federal judge on Thursday for permission to cite the U.S. Supreme Court’s Janus ruling in their objection to a recommendation that federal fraud allegations against them should stand.

Kevin J. Krakora and Gregory T. Geswein asked U.S. Magistrate Judge Kenneth S. McHargh to reconsider his earlier recommendation — that each of the U.S. Securities and Exchange Commission’s eight claims against them should stand — in light of Janus Capital Group Inc. v. First Derivative Traders, which...
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