Ex-HSBC Banker Can't Get Redo On 2nd Circ. Fraud Appeal

Law360 (September 16, 2020, 3:56 PM EDT) -- A Second Circuit panel declined on Wednesday to rethink its decision to uphold the fraud conviction of former HSBC foreign currency executive Mark Johnson, who had argued that newly decided case law on jury instructions warranted another look.

However, Johnson may still have a chance to challenge his conviction if the appellate court's judges vote to rehear his petition en banc, which Wednesday's brief order said would be "determined in the ordinary course."

Johnson, a Brit and former global head of HSBC's forex cash trading, was convicted in 2017 for what prosecutors said was a scheme to defraud HSBC client Cairn...

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