Judge Geoffrey Craword wrote in his decision that the documents had been provided to Stenger’s defense team as discovery in his criminal case and any argument based on them should have been brought up at that time.
Prosecutors are calling on a judge to dismiss Stenger’s petition to throw out the restitution order. Stenger argued the U.S. Securities and Exchange Commission gave state regulators advance warning about Jay Peak fraud and the state did not act fast enough.