Former Bank of America broker Theodore Sihpol asked the New York State Supreme Court Monday to dismiss criminal charges against him, Reuters reports. Sihpol was the first person that New York Attorney General Eliot Spitzer arrested in the fund trading scandal, accusing him in September 2003 of colluding with Canary Capital Partners to place illegal trades as late as 8:30 p.m., even providing the hedge fund with an electronic trading platform.

Sihpol, whose trial is expected to begin in February, pleaded not guilty on April 21 to 40 counts of fraud, grand larceny and falsifying business records. He faces between eight and 25 years in prison on the grand larceny counts and another four years for falsifying records, and has been free on $750,000 bail.

Subscribe Now

Access to premium content including in-depth coverage of mutual funds, hedge funds, 401(K)s, 529 plans, and more.

3-Week Free Trial

Insight and analysis into the management, marketing, operations and technology of the asset management industry.