Following a series of settlements reached by New York Attorney General Eliot Spitzer with financial institutions over late-trading offences, jury selection began this week for the first high profile trial of the individuals involved in the matter.
Former Bank of America broker, Theodore Sihpol III is alleged to have put in place the arrangement which allowed the Canary Capital hedge fund to engage in improper trading activities, the discovery of which sparked an industry-wide investigation.
He stands accused of 40 counts of grand larceny, securities fraud and falsifying business records, and could face a custodial sentence of more than 25 years if convicted.
Mr Sihpol's legal team has argued that the former broker has been made into a scapegoat by the New York AG, whilst his superiors at Bank of America and co-conspirators at Canary Capital have escaped individual censure.
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