United States Second Circuit

In the case involving the securities fraud conspiracy of Timothy and John Rigas, former owners of Adelphia Communications, convictions and sentences for conspiracies to commit securities fraud, to make and cause to be made false statements in filings with the SEC, and to commit bank fraud, and securities and bank fraud, are affirmed except as to one count of bank fraud, which is reversed where the evidence submitted to the jury cannot support a finding that any misrepresentations regarding the Olympus Facility (OCH) Co-Borrowing Agreement were material.

Appellate Information

• Decided 05/24/2007
• Published 05/24/2007

Judges

• WESLEY, Circuit Judge., Before:  MESKILL, CABRANES, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• John W. Nields, Jr., Howery LLP, Washington, DC (Laura S. Shores, Jason C. Raofield, John F. Stanton, on brief), for Defendant-Appellant Timothy J. Rigas., Paul Shechtman, Stillman, Friedman & Shechtman, P.C., New York, N.Y. (Peter Fleming, Jr., Benard V. Preziosi, Jr., Jonathan Harris, and Julie V. Withers, Curtis Mallet-Prevost Colt & Mosle LLP, New York, NY), for Defendant-Appellant John J. Rigas., Richard D. Owens, Assistant United States Attorney for the Southern District of New York, New York, N.Y. (Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, Celeste L. Koeleveld, Assistant United States Attorney for the Southern District of New York, New York, NY, of counsel, on brief), for Appellee United States.