Fabrice Tourre, the former Goldman Sachs trader, has asked a federal judge to give him a new trial - or throw out the charges against him.
Mr. Tourre was found liable in August on six counts of civil securities fraud after a three-week jury trial in Lower Manhattan. He was accused of misleading a small group of investors about the role of a big client in a 2007 trade he helped structure. That client, the hedge fund Paulson & Company, made about $1 billion on the trade while others lost big.
Late Monday, Mr. Tourreâs lawyers filed a motion in court saying that there was a lack of evidence to support the juryâs decision on some counts and that evidence was not presented to the jury in other instances. The juryâs findings, Mr. Tourreâs lawyers wrote, âare so contrary to the weight of the evidence that it would work a manifest injustice to Mr. Tourre if they were permitted to stand.â
The judgment against Mr. Tourre was important for the Securities and Exchange Commission, giving it its first big courtroom victory in a case stemming from the financial crisis.
Mr. Tourreâs lawyers raised several points in their motion. A main one is that Mr. Tourre did not receive money or property through an untrue statement, which his lawyers say is a crucial element required in a liable finding by the jury.
Mr. Tourre received an annual base salary and bonus during his years at Goldman. His lawyers said no evidence was presented to show his compensation was linked to the transaction at the heart of the case, and in fact âthe only logical inference from the evidence was that his bonus was likely lowerâ at one point because Goldman had a piece of the trade that lost money.
The jury, during deliberations, asked about Mr. Tourreâs compensation and Mr. Tourreâs lawyers said the jury âincorrectly concludedâ that the traderâs base salary was sufficient to fulfill the requirements needed to return a finding of liable.
Mr. Tourreâs legal team also argues that the S.E.C. failed to prove that the trade he helped structure was a âdomestic offerâ made to United States investors, another requirement needed to justify a liable finding.
Mr. Tourre no longer works at Goldman and is enrolled in the economics doctoral program at the University of Chicago.