Bogucki asks court to bar argument on fiduciary duty at trial

Judge will hear the matter later this month, ahead of February trial

Defence argues that if such a duty is absent, the jury should be instructed it cannot convict

Robert Bogucki, a former US head of currency trading at Barclays, is asking a federal court to bar the government from arguing to a jury that he owed a fiduciary duty to Hewlett-Packard during a multi-billion currency transaction at the centre of his criminal case.

Bogucki’s attorneys are also requesting the court exclude evidence or testimony that HP, or its representatives, held the subjective belief that the bank was acting as the software maker’s fiduciary, and to instruct the jury that no

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