Defense Lawyers Urge 2nd Circ. To Not Toss Fabrication Case

Law360, New York (November 29, 2016, 11:24 PM EST) -- The National Association of Criminal Defense Lawyers on Monday urged the Second Circuit to keep alive Level Global Investors LP founder David Ganek’s claims that prosecutors fabricated evidence when investigating his fund, saying suits like Ganek’s act as a deterrent against prosecutorial misconduct.

NACDL, a bar association that works on behalf of criminal defense attorneys, submitted an amicus brief supporting Ganek in urging the Second Circuit to uphold a lower court decision denying federal prosecutors’ bid to escape the case.

Lawsuits like Ganek’s, which alleges the FBI and assistant U.S. attorneys under the supervision of U.S. Attorney Preet Bharara falsified witness...

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