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Judge: Fund manager's faint no evidence of guilt

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NEW YORK — A New York federal judge says prosecutors can't tell a jury that an ex-hedge fund manager accused of insider trading fainted when confronted by federal agents. The judge says that's not evidence of guilt.

Judge Paul Gardephe (GAHR'-duh-fee) ruled Monday in Mathew Martoma's case. Martoma will stand trial later this week.

The government says Martoma persuaded a medical professor to leak secret data from an Alzheimer's disease trial between 2006 and 2008, while Martoma worked at SAC Capital Advisors. The hedge fund company was founded by billionaire Steven A. Cohen.

Martoma fainted when FBI agents approached him outside his Florida home in November 2011. Gardephe says that's not proof of guilt.

He says being accused of insider trading is likely shocking and highly disturbing, whether someone is guilty or innocent. 


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