Buffalo Billion Bid-Rigging Defendants May Face a Second Trial

The former president of the State of University of New York Polytechnic Institute and three real-estate developers won appeals to vacate federal wire fraud charges after a 2023 Supreme Court win—but they could be tried a second time, the US Court of Appeals for the Second Circuit said Monday.

Double jeopardy doesn’t prohibit the government from re-trying a defendant who succeeds in getting a conviction set aside because of an error in the proceedings, the court said, remanding the case. Here the trial error was caused by a “change in the governing law after trial.”

Steven Aiello, Joseph Gerardi, ...