http://www.cbsnews.com/stories/2005/06/09/ap/business/mainD8AK87QG0.shtml(AP) Former Bank of America broker Theodore C. Sihpol III was acquitted Thursday of 29 counts, including a top charge of grand larceny, at a trial related to after-hours mutual funds trading.
State Supreme Court Justice James Yates declared a mistrial on four deadlocked counts: first-degree scheme to defraud, violation of the state's general business law (the Martin Act), and two counts of falsifying business records in the first degree.
The judge read into the record a note that said one juror "has resisted all our appeals to reason and evidence," had "withdrawn from deliberations" and had refused to discuss the case further.
The state attorney general had claimed that Sihpol helped the hedge fund Canary Capital Partners profit by the illegal late trading of mutual fund shares. Canary invests and manages the money of the Stern family, former owners of the Hartz Mountain Industries pet products company.
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