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U.S. v. Kaiser, No. 07-2365-cr (2nd Cir.) (609 F.3d 556) (July 1, 2010) (Judge Rosemary S. Pooler)

Defendant's securities fraud conviction is vacated where the district court erred in its instruction with respect to the conscious avoidance theory and in admitting the statement of defendant's corporation's general counsel.

[Editor's Note: For some commentaries on this decision, see:

• "2nd Circuit Faults Judge's Explanation to Jury of 'Conscious ...

 

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