Theodore Sihpol will be retried in New York State Supreme Court on four charges related to illegal mutual fund trading, with a trial date of Aug. 22, according to Barry Felder, an attorney at Brown Raysman Millstein Felder & Steiner who represents the former Bank of America broker.
A New York State Supreme Court jury on June 9 acquitted Mr. Sihpol on 29 of 33 charges of helping a hedge fund illegally trade mutual funds after the close of trading. The jury deadlocked on four of the counts, two of fraud and two of falsifying records, and Supreme Court Justice James Yates declared a mistrial on them.
"This is not a case that most prosecutors would bring," Mr. Felder said. "This is a case where we have acquittal on 29 counts and the remaining four were 11-to-one in our favor."
Brad Maione, press officer for New York Attorney General Eliot Spitzer, did not return phone calls seeking comment.