WASHINGTON  Three former officials from CDR Financial Products Inc. are urging a federal judge to dismiss the Justice Department’s charges against them, arguing prosecutors should not proceed to trial on a fraud theory the Supreme Court rejected last year.

“Defendants should not be forced to defend themselves at trial against a theory of criminality that is facially and undoubtedly invalid as a matter of law,” attorneys Michael McGovern and Steven Goldschmidt of Ropes & Gray LLP in New York, said in a joint motion they filed last month with the U.S. District Court for the Southern District of New York on behalf of their client, Stewart Wolmark.

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