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Stanford's alleged document shredder calls on judge to throw out indictment

CHICAGO (Bloomberg) - Thomas Raffanello, Stanford Financial Group's ex-global security director, asked a US judge to throw out an indictment accusing him of destroying records sought for a Securities and Exchange Commission (SEC) probe.

In papers filed yesterday with US District Judge William Zloch in Fort Lauderdale, Florida, Mr. Raffanello's lawyers said restraining orders obtained from a Dallas federal court judge by the SEC and a court-appointed receiver forbidding destruction of Stanford business records did not apply to him or the company for which he worked.

"Unfortunately for the government, the underlying orders upon which it relies are fatally flawed," the defence attorneys said in their 22-page filing.

Raffanello formerly led the Miami office of the US Drug Enforcement Administration. On September 10 he became the second person charged with helping destroy documents sought in the SEC probe of Texas financier R Allen Stanford and his businesses operating under the umbrella title of the Stanford Financial Group of Co.

Stanford, who has been criminally and civilly accused of leading a $7 billion investor fraud scheme, has denied all allegations of wrongdoing. Mr. Raffanello has pleaded not guilty to the criminal charges against him.

The shredding allegedly was carried out at Stanford's Fort Lauderdale, Florida, offices less than a week after the Dallas court issued its February 16 order.

Ian McCaleb, a Justice Department spokesman, declined to comment on the dismissal request in an e-mailed statement.