United States Second Circuit

A conviction for securities fraud and wire fraud is affirmed where: 1) although the use of bogus account statements to lull defrauded investors is not in and of itself sufficient to establish a securities law violation, the use of such statements is relevant as evidence to prove, inter alia, a defendant's intent to defraud and the extent of the scheme employed; and 2) thus, there was no error in admitting such evidence in this case.

Appellate Information

• Decided 01/05/2009
• Published 01/05/2009

Judges

• PER CURIAM:, Before:  FEINBERG, MINER, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Richard B. Lind, Law Office of Richard B. Lind, New York, NY, for Defendant-Appellant., Steven Feldman, (Daniel A. Braun, on the brief), Assistant United States Attorneys, for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, for Appellee.