United States Second Circuit

In an appeal from a judgment of the district court convicting defendant of insider trading on a “misappropriation theory,” judgment is affirmed where although defendant was entitled to assert a defense based in part on SEC Rule 10b5-2, 17 C.F.R. section 240.10b5-2, the slightly modified version of defendant’s proposed instruction given by the court was legally sufficient.

Appellate Information

• Decided 09/09/2011
• Published 09/09/2011

Judges

• CABRANES

Court

• United States Second Circuit

Counsel