Discovery Order in SEC's Favor Vacated, and Criminal Matter - U.S. Second Circuit
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Discovery Order in SEC's Favor Vacated, and Criminal Matter

In SEC v. Rajaratnam, No. 10-462, defendants' appeal from a discovery order of the district court compelling them to disclose to the SEC wiretapped conversations provided to them by federal prosecutors in a related criminal case for use in this civil enforcement action against defendants, the court vacated the order where, while Title III of the Omnibus Crime Control and Safe Streets Act of 1968, does not absolutely prohibit the disclosure of wiretap conversations by defendants in a civil enforcement proceeding to a civil enforcement authority where the defendants have received the wiretaps lawfully pursuant to Title III, a district court addressing a discovery demand for such materials must balance the right of access to these materials against the privacy interests at stake.

In US v. Folkes, No. 09-3389, the court vacated defendant's sentence for illegal reentry and aggravated identity theft, where the district court erred in its calculation of defendant's Sentencing Guidelines range with respect to the illegal reentry count when it applied a 16-level enhancement under U.S.S.G. section 2L1.2(b)(1)(A)(ii) after it concluded that defendant had reentered the U.S. after being deported for commission of a crime of violence.

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