Search | Punch and Jurists

U.S. v. Gansman, No. 10-0731-cr (2nd Cir.) (657 F.3d 85) (September 9, 2011) (Judge Jose A. Cabranes)

Article • December 1, 2011

Filed under: Punch And Jurists, Misappropriation Liability/Theory

U.S. v. Gansman, No. 10-0731-cr (2nd Cir.) (657 F.3d 85) (September 9, 2011) (Judge Jose A. Cabranes) by In an appeal from a judgment of the district court convicting defendant of insider trading on a “misappropriation theory,” judgment is affirmed where although defendant was entitled to assert a defense based …

U.S. v. Kneuppel, No. 03 CV 0536(NG)(MDG) (E.D.N.Y.) (293 F.Supp.2d 199) (November 17, 2003) (Judge Nina Gershon)

Article • February 1, 2004 • from P&J February, 2004

Filed under: Punch And Jurists, No Knowledge Provision

U.S. v. Kneuppel, No. 03 CV 0536(NG)(MDG) (E.D.N.Y.) (293 F.Supp.2d 199) (November 17, 2003) (Judge Nina Gershon) by The four defendants in this case pled guilty to engaging in a criminal conspiracy to violate § 10(b) of the Securities Exchange Act of 1934 (15 U.S.C. § 78j(b)) and S.E.C. Rule …

U.S. v. O'Hagan, No. 96-842 (U.S. Supreme Court) (521 U.S. 642; 117 S.Ct. 2199) (June 25, 1997) (Justice Ginsburg)

Article • November 7, 2003

Filed under: Punch And Jurists, Misappropriation Liability/Theory

U.S. v. O'Hagan, No. 96-842 (U.S. Supreme Court) (521 U.S. 642; 117 S.Ct. 2199) (June 25, 1997) (Justice Ginsburg) by As stated by the Court, this case involved "the interpretation and enforcement of § 10(b) and § 14(e) of the Securities Exchange Act of 1934, and rules made by the …

U.S. v. Cassese, No. 03 Cr. 302 (RWS) (S.D.N.Y.) (273 F.Supp.2d 481) (July 23, 2003) (Judge Robert W. Sweet)

Article • October 1, 2003 • from P&J October, 2003

Filed under: Punch And Jurists, Misappropriation Liability/Theory

U.S. v. Cassese, No. 03 Cr. 302 (RWS) (S.D.N.Y.) (273 F.Supp.2d 481) (July 23, 2003) (Judge Robert W. Sweet) by The defendant in this case, John Cassese, was the President of a computer company that provided temporary staffing of computer and information technology personnel. In 1999, he began meeting with …

Chiarella v. U.S., No. 78-1202 (U.S. Supreme Court) (445 U.S. 222; 100 S.Ct. 1108) (March 18, 1980) (Justice Powell)

Article • July 16, 2003

Filed under: Punch And Jurists, Misappropriation Liability/Theory

Chiarella v. U.S., No. 78-1202 (U.S. Supreme Court) (445 U.S. 222; 100 S.Ct. 1108) (March 18, 1980) (Justice Powell) by In this case the petitioner was an employee of a financial printer which produced announcements for corporate takeover bids. As a result of his position, he became aware of tender …

U.S. v. O'Hagan, No. 94-3714 (8th Cir.) (139 F.3d 641) (April 1, 1998) (Judge David R. Hansen)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Misappropriation Liability/Theory

U.S. v. O'Hagan, No. 94-3714 (8th Cir.) (139 F.3d 641) (April 1, 1998) (Judge David R. Hansen) by Case held that convistion under "misappropriation theory" requires proof that defendant obtained information that was material and non-public, that he used such information, and that he breached duty owed to source of …

U.S. v. O'Hagan, No. 94-3714 (8th Cir.) (139 F.3d 641) (April 1, 1998) (Judge David R. Hansen)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Misappropriation Liability/Theory

U.S. v. O'Hagan, No. 94-3714 (8th Cir.) (139 F.3d 641) (April 1, 1998) (Judge David R. Hansen) by Case held that willfully violating Rule 10b-5 does not require that the defendant knew his acts were in violation of that Rule.

U.S. v. Cusimano, No. 96-1527, No. 1226 (2nd Cir.) (123 F.3d 83) (August 18, 1997) (Judge Jose A. Cabranes)

Article • October 1, 1997 • from P&J October, 1997

Filed under: Punch And Jurists, Misappropriation Liability/Theory

U.S. v. Cusimano, No. 96-1527, No. 1226 (2nd Cir.) (123 F.3d 83) (August 18, 1997) (Judge Jose A. Cabranes) by The defendant in this case was convicted of conspiring to commit securities fraud, arising out of insider trading in several stocks based on information he learned as a tippee. On …

U.S. v. Chestman, No. 89-1276 (2nd Cir.) (947 F.2d 551) (October 7, 1992) (Judge Thomas J. Meskill)

Article • January 1, 1994

Filed under: Punch And Jurists, Misappropriation Liability/Theory

U.S. v. Chestman, No. 89-1276 (2nd Cir.) (947 F.2d 551) (October 7, 1992) (Judge Thomas J. Meskill) by The defendant in this case appealed his conviction for 31 counts of insider trading and perjury for violating 18 U.S.C.S. § 2; Rule 14e-3(a), 17 C.F.R. § 14e-3(a); Rule 10b-5, 17 C.F.R. …

U.S. v. Chestman, No. 89-1276 (2nd Cir.) (903 F.2d 111) (May 2, 1990) (Judge Roger J. Miner)

Article • January 1, 1994

Filed under: Punch And Jurists, Misappropriation Liability/Theory

U.S. v. Chestman, No. 89-1276 (2nd Cir.) (903 F.2d 111) (May 2, 1990) (Judge Roger J. Miner) by The defendant in this case appealed his convictions for securities fraud, mail fraud, perjury, and fraudulent trading in connection with a tender offer. The defendant was stockbroker and financial advisor to the …