Prosecutors are appealing a judge’s decision to dismiss the conviction of a former Nomura Holdings Inc. Managing director who was found guilty on one count of conspiracy, Bloomberg reported last week.

Michael Gramins was tried in Hartford for conspiracy and fraud, and was found guilty for conspiracy, was cleared of six fraud counts and two other charges were deadlocked by the jury. Right before his retrial, a federal appeals court tossed out the conviction of another questionable bond trader that prompted the judge in Gramins’s case to do the same.

Federal prosecutors appealed the ruling by U.S. District Judge Robert Chatigny, who said that jurors were mistakenly led to think Gramins had a “duty to tell the truth in negotiations,” Bloomberg reported.

Gramins’s lawyer, Marc Mukasey, told Bloomberg that the “cases have proven to be a colossal failure for the government.”