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by Mike Caswell
Gary Kershner, one of those charged along with Toronto's Sandy Winick in a $95-million market manipulation scheme, has asked the judge to replace his court-appointed defender. (All figures are in U.S. dollars.) He claims that the lawyer, who represented him during his trial three months ago, was ineffective. The lawyer failed to provide any defence and spent almost no time discussing the case with Mr. Kershner before the 19-day trial. Mr. Kershner says that he requires a new defender before his sentencing.
The request comes just three months after a Brooklyn jury convicted Mr. Kershner, an Arizona resident, on fraud charges. Prosecutors claimed that he and others took part in a scheme masterminded by Mr. Winick that involved the pump-and-dumps of 11 pink sheets and OTC Bulletin Board listings. The group sold tens of millions of shares while the companies issued false and misleading news. Mr. Kershner, 75, created fraudulent documents for transfer agents as part of the scheme.
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