NEW YORK, NY – Just one month after declaring a mistrial in the criminal case against Lou Tomasetta and Eugene Hovanec, U.S. District Court Judge Paul A. Crotty granted the defendants’ Rule 29 motion and dismissed seven of the nine counts against the pair. Mr. Tomasetta and Mr. Hovanec were accused of options backdating and lying about the company’s revenues during their tenure as CEO and CFO, respectively, of Vitesse Semiconductor Corp.

Partners Dan Marmalefsky and Larry Gerschwer (Morrison & Foerster) represented Mr. Tomasetta, with partners Gary Lincenberg and Peter Shakow (Bird Marella) representing Mr. Hovanec. Impact Trial’s Jesse W. Stevenson, Brittany Peters, Joel DePalma and Annie Hayes provided invaluable trial technology and litigation graphics consulting and support throughout the trial.

USA v. Tomasetta, et al., 1:10-CR-01205, US District Court – Southern District New York.