After US District Judge Andrew Gordon ruled that FBI agents "went too far" and violated the privacy rights of Paul Phua – which resulted in key evidenced being tossed out — federal prosecutors have changed course by obtaining a new indictment that seeks to charge the Malaysian businessman with conspiracy.
Gordon's ruling was the second hit to the FBI after U.S. Magistrate Judge Peggy Leen raised serious concern about the operation back in February and said it was "fatally flawed."
"A conspiracy charge is the darling of a prosecutor’s nursery," said defense lawyer David Chesnoff.