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Spitzer Seeks New Trial For Former Bank Of America Broker

by Glen Shapiro, LawAndTax-News.com, New York

11 July 2005

It emerged last week that New York's Attorney General, Eliot Spitzer is seeking to retry former Bank of America broker, Theodore Sihpol on the four charges on which the jury in his initial trial was unable to reach a verdict.

In a rare defeat for the AG last month, a Manhattan jury last week acquitted Mr Sihpol of helping a New Jersey hedge fund illegally trade in mutual funds after the stock market had closed.

The jury of seven women and five men acquitted Mr.Sihpol, 37, of 29 counts of larceny, securities fraud, and falsifying business records, but reached no verdict on four other counts, leading New York State Supreme Court Justice James Yates to declare a partial mistrial.

According to reports, a tentative trial date has been set for Agust 22 on the four remaining charges, which include intent to defraud, violation of the Martin Act (New York's general business law) and two counts of falsifying business records.

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