Federal prosecutors in New Jersey want the Securities and Exchange Commission to postpone its civil case against the alleged masterminds behind a $100 million fraud scheme involving a small-town deli so it won't get in the way of their ongoing criminal case.
Prosecutors for the District of New Jersey filed a motion on Wednesday saying the SEC's case "substantially" overlaps with their ongoing criminal case and the civil matter should be postponed until the litigation, including a potential trial, is completed, court records show.
Postponing the civil case would "preserve the integrity" of the ongoing prosecution by preventing the defendants from seeing the extent of the government's evidence against them, federal prosecutors argued in the filing.
The SEC and the attorneys for the suspects consented to the request, which is common in such cases.
A telephone conference is scheduled in the criminal case for Dec. 14, but it's expected to be mostly procedural and an opportunity for the prosecutors and defense attorneys to update the judge on the status of the litigation.