On October 9, 2024, Judge Andrew L. Carter, Jr. of the Southern District of New York granted the motion for bail pending appeal filed by Patrick J. Smith and Selbie L. Jason of Clark Smith Villazor LLP on behalf of their client while he appeals his conviction for insider trading in the Court of Appeals for the Second Circuit. Clark Smith Villazor LLP sought bail pending appeal on the basis of two issues: first, that the government had failed to establish that venue was proper in the Southern District of New York given that the trial evidence showed that all of the conduct related to the trade took place in New Jersey, and there was no evidence that the client knew or could have foreseen that any action related to the trade would have occurred in the Southern District of New York; and second, that the government constructively amended the indictment at trial. After briefing and an initial court hearing in September, Judge Carter ordered supplemental briefing on limited issues related to the venue question and a continued hearing on the motion. During the continued court hearing on October 9, 2024, Judge Carter found that “[i]t does seem to me that it’s possible that the circuit could decide [the venue question] the other way,” granted bail pending appeal, and cancelled the client’s November 6, 2024 surrender date.
Clark Smith Villazor LLP will file an opening appellant’s brief in the Court of Appeals for the Second Circuit on November 22, 2024.
Comments are closed.