David Siegal in Law360: Indicted CEO Obtains Evidence Hearing In Fraud Case

12/01/2016

A Manhattan federal judge has told the government it will have to prove that it acted in good faith while searching the home and office of a scandal-plagued private equity CEO for securities fraud and money laundering evidence over his arguments that the searches were an unconstitutional “fishing expedition.”

U.S. District Judge Alison Nathan on Monday ordered a January hearing to determine whether evidence procured in 2012 from searches into Benjamin Wey’s home and Manhattan office should be suppressed. The New York Global Group chief, who was accused of manipulating shares tied to China-based reverse merger transactions, alleged in May that the search was overbroad and that the government obtained the search warrants using misleading logic.

Wey made headlines when he was held liable in June 2015 to the tune of $18 million for allegedly harassing, defaming and retaliating against former New York Global Group intern Hanna Bouveng of Sweden. Bouveng in April agreed to a reduced award of $5.7 million. The case is currently on appeal in the 2nd Circuit.

Wey's attorney David Siegal echoed his client's issues with the government's searches in a statement to Law360 on Wednesday.

“Our motions raise serious constitutional issues with regard to these searches, and we look forward to the opportunity to further discuss them with the court at the hearing,” he said ...

Wey is represented by Siegal, Sarah Jacobson, Barry F. McNeil and Joseph Lawlor of Haynes and Boone LLP.

Excerpted from Law360. To read the full article, please click here (subscription required).

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