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Appelate Court Judge Wonders If Government Can Win An Insider Trading Case In Front Of A Judge Who Doesn’t Stop The Trial Every 5 Minutes To High Five The Prosecution

Just seconds after the prosecutor arguing the appeal introduced herself, the judges grilled her about the case and implied that Mr. Bharara’s office steered insider trading trials to Judge Richard J. Sullivan, who oversaw Mr. Chiasson’s and Mr. Newman’s trial and a subsequent case against another trader. The questioning appeared to send a cautionary message to Judge Sullivan, who is known for often siding with the government, and took a swipe at prosecutors for cherry-picking judges. Judge Barrington D. Parker — interrupting the prosecutor, Antonia M. Apps — referred to Judge Sullivan as the government’s apparent “preferred venue” for insider trading cases. While Ms. Apps argued that consolidating the cases created “judicial efficiencies,” another member of the appellate panel noted the “sheer coincidence that the judge who bought into the government’s theory was the one” assigned to the recent trials. [Dealbook]