MANHATTAN (CN) – A former executive vice president with Aeropostale has sued the Securities and Exchange Commission in Federal Court, claiming it used an email to him from his personal attorney, which it obtained from Aeropostale, which also wrongfully obtained and read it.
Christopher Finazzo claims Aeropostale fired him in November 2006 after its attorneys wrongfully read a privileged email from his personal attorney, Angela Siegel, relating to his estate and trusts. He claims the message was marked as confidential attorney-client communication, but Aeropostale used it as the sole basis to fire him. The next day, he says, Aeropostale issued a press release stating that ht was fired because of his undeclared ownership interests in South Bay Apparel, one of Aeropostale’s primary vendors.
Finazzo claims the SEC used information from the same email, from his attorney to him, in initiating its investigation of his employment with Aeropostale, and serving him with a subpoena.
He wants the SEC and its staff enjoined from using against him any information obtained from privileged sources, and he wants anyone who possessed such information disqualified from its investigation.
He is represented by Carter Ledyard & Milburn.