United States Second Circuit

Sentence for wire fraud and perjury is remanded where the term "foreign investment company" in Application Note 14 includes a company located outside the US substantially engaged in the business of investing in securities of other companies, whether or not it is an entity that is an "investment company" under the law of the jurisdiction in which it is registered.

Appellate Information

• Decided 11/04/2003
• Published 11/04/2003

Judges

• SACK, Circuit Judge., Before:  FEINBERG and SACK, Circuit Judges, and WEXLER, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• James G. Cavoli, Assistant United States Attorney for the Southern District of New York (James B. Comey, United States Attorney, and Laura Grossfield Birger, Assistant United States Attorney, of counsel), New York, NY, for Appellant.


• For Appellees:
  
• Edward J.M. Little,Hughes Hubbard & Reed LLP (Kevin F. Clines and David G. Liston, of counsel), New York, NY, for Defendant-Appellee.