Search | Punch and Jurists

U.S. v. Contorinis, No. 11-3-cr (2nd Cir.) (692 F.3d 136) (August 17, 2012) (Judge Ralph K. Jr. Winter)

Article • December 1, 2012

Filed under: Punch And Jurists, Insider Trading

U.S. v. Contorinis, No. 11-3-cr (2nd Cir.) (692 F.3d 136) (August 17, 2012) (Judge Ralph K. Jr. Winter) by An investment portfolio-manger's conviction for securities fraud and insider trading is affirmed, as the district court properly instructed the jury on the definition of material, nonpublic information and acted within its …

U.S. v. Gowing, No. 10-4073-cr (L) (2nd Cir.) (683 F.3d 406) (June 6, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists, Fraud/Fraud Offenses

U.S. v. Gowing, No. 10-4073-cr (L) (2nd Cir.) (683 F.3d 406) (June 6, 2012) (Per Curiam) by Convictions and sentencing on charges arising from an elaborate, years-long financial fraud, which was enhanced under 18 U.S.C. § 3147 for defendant's continued actions in furtherance of the conspiracy to defraud even after …

U.S. v. Gupta, No. 11 Cr. 907 (JSR) (S.D.N.Y.) (904 F.Supp.2d 349) (October 24, 2012) (Judge Jed S. Rakoff)

Article • November 12, 2012 • from P&J November, 2012

Filed under: Punch And Jurists, Securities Fraud

U.S. v. Gupta, No. 11 Cr. 907 (JSR) (S.D.N.Y.) (904 F.Supp.2d 349) (October 24, 2012) (Judge Jed S. Rakoff) by In this Sentencing Memorandum, Judge Rakoff explained his reasons for imposing a below-Guidelines sentence of two years on Rajat Gupta, a former Goldman Sachs director, who was convicted at trial …

U.S. v. Paul, No. 09-3191 (2nd Cir.) (634 F.3d 668) (March 7, 2011) (Judge Paul A. Crotty)

Article • December 1, 2011

Filed under: Punch And Jurists, Securities Fraud

U.S. v. Paul, No. 09-3191 (2nd Cir.) (634 F.3d 668) (March 7, 2011) (Judge Paul A. Crotty) by Conviction and sentencing of defendant for securities fraud, 15 USC §§ 78j(b) and 78ff, are affirmed where the district court: 1) did not improperly participate in plea negotiations; 2) did not violate …

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 …

South Cherry Street, LLC v. Hennessee Group, LLC, No. 07-3658-cv (2nd Cir.) (573 F.3d 98) (July 14, 2009) (Judge Amalya Lyle Kearse)

Article • December 1, 2009

Filed under: Punch And Jurists, Breach of Contract

South Cherry Street, LLC v. Hennessee Group, LLC, No. 07-3658-cv (2nd Cir.) (573 F.3d 98) (July 14, 2009) (Judge Amalya Lyle Kearse) by In a action for breach of contract and securities fraud, district court's grant of plaintiff's motion to dismiss is affirmed where: 1) the court properly ruled that …

In Re: Salomon Analyst Metromedia Litigation, No. 06-3225-cv (2nd Cir.) (544 F.3d 474) (September 30, 2008) (Judge Rosemary S. Pooler)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Civil Remedies

In Re: Salomon Analyst Metromedia Litigation, No. 06-3225-cv (2nd Cir.) (544 F.3d 474) (September 30, 2008) (Judge Rosemary S. Pooler) by [Editor's Note: For a commentary on this decision, see "2nd Circuit: Analysts Bound by Same Liability Presumption as Issuers for 'Fraud on Market'," by Mark Hamblett, as published in …

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 …

Diaz v. Paul J. Kennedy Law Firm, No. 01-2103 (10th Cir.) (289 F.3d 671) (May 14, 2002) (Judge Monroe G. McKay)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Fiduciaries/Fiduciary Duties

Diaz v. Paul J. Kennedy Law Firm, No. 01-2103 (10th Cir.) (289 F.3d 671) (May 14, 2002) (Judge Monroe G. McKay) by Here the Court affirmed the grant of a summary judgment motion in favor of a law firm sued by former clients in a criminal case, holding, inter alia, …

Mayweathers v. Newland, No. 00-16708 (9th Cir.) (258 F.3d 930) (August 2, 2001) (Judge Dorothy Wright Nelson)

Article • September 1, 2001 • from P&J September, 2001

Filed under: Punch And Jurists, Injunctions/TROs

Mayweathers v. Newland, No. 00-16708 (9th Cir.) (258 F.3d 930) (August 2, 2001) (Judge Dorothy Wright Nelson) by This case involved a class action prison lawsuit brought by various Muslim inmates against prison officials in which they sought a preliminary injunction forbidding prison officials from disciplining inmates who missed work …

U.S. v. Rodriguez, No. 96-1670 (2nd Cir.) (140 F.3d 163) (March 24, 1998) (Judge Thomas J. Meskill)

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

Filed under: Punch And Jurists, Fraud/Fraud Offenses

U.S. v. Rodriguez, No. 96-1670 (2nd Cir.) (140 F.3d 163) (March 24, 1998) (Judge Thomas J. Meskill) by Here the Court emphasized that where the government alleges that a defendant, through misrepresentations, engaged in a deceptive course of conduct "the misrepresentations must be material to give rise to liablity" under …

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 …