United States Second Circuit

Dismissal, after a jury verdict, of a common law fraud claim regarding a Ponzi scheme is affirmed over challenge to admission of evidence of accountant's memo, and to the jury charge on the grounds that: 1) it erroneously stated plaintiffs had a duty of investigation triggered by their financial sophistication; and 2) it erroneously omitted an instruction on conspiracy to defraud and on aiding and abetting.

Appellate Information

• Decided 03/29/2006
• Published 03/30/2006

Judges

• DENNIS JACOBS, Circuit Judge., Before:  JACOBS, STRAUB, and POOLER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Eric J. Grannis, Law Offices of Eric J. Grannis, New York, NY, for Plaintiffs-Counter-Defendants-Appellants., Howard Wilson, Proskauer Rose LLP, New York, NY, for Defendant-Appellee Fahnestock and Company, Inc.