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United States v. Finazzo
United States Court of Appeals for the Second Circuit
682 F. App’x 6 (2017)
Facts
Christopher Finazzo (defendant) was charged with mail and wire fraud. Finazzo was an executive at Aéropostale, Inc., an apparel retailer. In exchange for using South Bay Apparel Inc. (South Bay) as an Aéropostale supplier, Finazzo received secret payments from South Bay. At the trial, the government (plaintiff) introduced an email that Finazzo’s attorney sent to Finazzo. The email was sent to Finazzo’s Aéropostale email account. The email contained a discussion of Finazzo’s assets, including his interest in several South Bay entities. Additionally, Aéropostale’s computer policy stated that employees should have no expectation of privacy when using company email accounts. The district court found that the email from Finazzo’s attorney was not protected by the attorney-client privilege. Subsequently, the jury convicted Finazzo. Finazzo appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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