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Josh Allen’s attorney files for retrial - KCBD

Josh Allen’s attorney files for retrial - KCBD

Josh Allen's legal team has filed for a retrial in his Lubbock federal case, arguing that jurors were given the wrong legal test to decide whether Ferrum Capital investments counted as securities. The filing centers on a technical but consequential dispute.

The filing centers on a technical but consequential dispute. Allen's attorneys contend those investments were traditional promissory notes, and that Supreme Court precedent required a specific test to evaluate them. Instead, jurors were instructed using an older standard built for a different category of investment contracts entirely. The defense argues that error unravels the whole verdict, not just the securities fraud count.

Judge Fred Biery also granted a government motion to freeze Allen's assets. That move typically signals prosecutors want to preserve money while appeals or sentencing proceedings play out, though the source material does not specify what assets were frozen or their value.

For people here who followed the case, this filing keeps a complicated legal fight alive longer than a guilty verdict alone might suggest. The argument is narrow and procedural, not a claim of innocence, but defense teams rarely file retrial motions without believing they have real traction with the appellate standard.

Federal retrials are rarely granted, and the government will have a chance to respond before Judge Biery rules on the motion.

Common questions

Why is Josh Allen's legal team asking for a retrial?

Allen's attorneys argue jurors were given the wrong legal test to decide whether Ferrum Capital investments counted as securities. They say Supreme Court precedent required a specific standard that wasn't used, and that the error affects the entire verdict, not just the securities fraud count.

What does it mean that Josh Allen's assets were frozen?

Judge Fred Biery granted a government motion to freeze Allen's assets. Asset freezes typically signal that prosecutors want to preserve money while appeals or sentencing proceedings move forward, preventing funds from being moved or spent before the case is resolved.

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