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Circuit Argument Probes Retention and Use of Seized Computer

Publisher: The New York Law Journal
October 2, 2015

Stan Twardy’s argument to the en banc Second Circuit was described in detail in an article, “Circuit Argument Probes Retention and Use of Seized Computer,” in The New York Law Journal. The article discusses the rare en banc sitting  of United States v. Ganias, in which Stan Twardy, Dan Wenner and John Cerreta advocated on behalf of Day Pitney’s client, Stavros Ganias. The case arose out of the government's investigation into Ganias, an accountant. During its investigation, pursuant to a search warrant, the government seized Ganias's hard drives for information about two of his clients. Years later, agents obtained a second warrant for information from those same hard drives, which they used to convict Ganias. A panel of the Second Circuit suppressed the evidence seized pursuant to the second warrant and vacated the conviction. The Second Circuit then took the case en banc to reconsider the issue.

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