United States Second Circuit

An abuse of trust sentence enhancement was proper, after convictions related to securities fraud, where defendant failed to inform clients that his recommendation was based on his significant commission, rather than on a fair assessment of the price and quality of stock.

Appellate Information

• Argued 04/02/2002
• Decided 08/08/2002
• Published 08/12/2002

Judges

• JOHN M. WALKER, JR., Chief Judge., Before:  WALKER, Chief Judge, NEWMAN and KEARSE, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Thomas F. Liotti, Garden City, NY, for Defendant-Appellant., Celeste L. Koeleveld, Assistant United States Attorney (James B. Comey, United States Attorney for the Southern District of New York, Gary L. Stein, Assistant United States Attorney, on the brief), New York, NY, for Appellee.