The District Judge, Leonard B. Sand, overruled it explaining that the”DiCristina Ruling” is not binding and that it could not be used as a judicial precedent. After the reception of the petition, Preet Bharara, from the District Attorney Office of the South District of New York, answered in a sarcastic tone: “Howard should bend down, hold his ankles and prepare to defend from a new lawsuit next September 10th”.
Lederer sent a second document to the DoJ through his lawyer Elliot Peters, in which he attacks attorney Bharara, and suggests Judge Sand to change his opinion and allow the debate “before the parties and his honor has to face more judicial expenses from the prosecution of new resources”.
Criticism addressed to Bharara are specially hard and try to point his incompetence for not being aware of the relationship of IGBA or the new interpretation of the Wire Act with Lederer case, as well as his negligence when reaction for appealing against the “DiCristina Ruling”. And adviced that, despite the threatens, he does not have legal weapons to convince the judge of Lederer guilt. Neither Bharara nor Judge Sand have not pronounced yet.