U.S. District Judge Nancy Atlas postponed the trial date of Michelle Valencia, a former Dynegy Inc. energy trader, to Sept. 29 until prosecutors decide whether to appeal the judge’s decision to dismiss three charges related to making false reports to an industry publication. Valencia’s wire fraud charges related to the bogus reporting were not dismissed. Atlas earlier this month postponed the trial date of Todd Geiger, an ex-El Paso Corp. trader, to Sept. 29 also. He too is accused of wire fraud in making false reports to an industry publication (see Daily GPI, Sept. 4). Atlas in August dismissed the false reporting charges against Valencia and Geiger, ruling they were too broad and unconstitutional. Atlas said the Commodities Exchange Act, upon which prosecutors made the charges, lacked a requirement that the person charged have shown intent, and not just made false statements, which are protected as free speech. Prosecutors have until the end of September to decide whether to appeal the rulings. Valencia and Geiger, who have pleaded not guilty, remain free on bond.

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