Tag: appeal

appeal

Appeal Court Decision Provides New Avenue for Johnson Defence

A recent precedential decision by the US Court of Appeals’ Second Circuit has possibly opened a door for former HSBC FX trading head Mark Johnson to have his conviction overturned. Johnson has separately filed to the US Supreme Court to have that court listen to an appeal against the judgement on eight counts of wire […]

ACI FMA, NYCDL, File New Amicus Curiae in Johnson Case

As former HSBC FX cash trading head Mark Johnson takes his case to the US Supreme Court, ACI – The Financial Markets Association (ACI FMA) has filed a second Amicus Curiae to support his efforts to have his case heard and conviction overturned. Additionally, the New York Council of Defense lawyers (NYCDL), a not-for-profit professional association […]

And Finally…

Last week the Mark Johnson case took its latest turn with the filing of a Writ of Certiorari, which effectively asks the US Supreme Court to listen to an appeal against the judgement. This may be the last step along a long and painful road for Johnson, his family and friends, and, indeed, the foreign […]

And Finally…

And so, Mark Johnson’s battle to have his conviction overturned moves onto the next chapter with a petition for either a re-hearing by the original appeal court panel or by the entire appeals circuit bench – and it is to be hoped that enough of the judges concerned see the absolute need for such a […]

Mark Johnson Files for Re-Hearing of Appeal

Mark Johnson’s legal team has filed a petition to have his appeal reheard or reheard “en banc”, before the entire bench of active appeal circuit judges, as he seeks to have his conviction for wire fraud overturned. In September Johnson lost an appeal in front of three appeal court judges, however his team has filed […]

And Another Thing…

I have had a chance now to listen to the oral arguments given in the Mark Johnson appeal and while my underlying belief that this is a wrong conviction remains unshaken it is also clear to me that few involved in this case from the legal fraternity actually understand foreign exchange markets and how they […]

And Finally…

I have been keen in the past (appropriately so I still believe) to argue that the FX industry could do much more to help Mark Johnson fight his case and appeal against conviction for misconduct. The judges are apparently now considering whether striking down the conviction would mean a return to the “wild west” in […]

And Another Thing…

I may, not for the first time, be reading too much into a brief sentence, but I found it significant in my conversation with Simon Potter, outgoing chair of the Global FX Committee, that when talking about the review of the Code he mentioned “the handling of larger orders” as one area of possible review. […]

Johnson Appeal Highlights “Ever-Shifting, Imprecise and Contradictory” Government Argument

The defence team conducting former HSBC FX trading head Mark Johnson’s appeal against his conviction in late 2017 have filed their appeal brief to the US Court of Appeal, in which they argue that the US Government’s brief offers, “…the latest flavour of the prosecution’s many ever-shifting, imprecise, and contradictory attempts to explain just what, exactly, the crime here was, and it exposes why there was none.” It highlights a series of new arguments put forward by the Government that were not heard by the jury, as well as a series of back tracks by the prosecution side.

ACI FMA Amicus Brief Calls for “Illogical” Government Argument to Be Overturned in Johnson Case

ACI – The Financial Markets Association (ACI FMA) has filed an Amicus Brief on behalf of former HSBC FX trading head Mark Johnson, who is appealing his conviction and sentencing earlier this year for several wire fraud offences.
In the Amicus ACI says that if the US government’s “Illogical” position is allowed to stand, and the conviction is not overturned, bank dealers are unlikely to operate in the face of potential criminal sanctions simply for transparently and fairly hedging the uncompensated risk of “colossal loss” to their shareholders.