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United States Second Circuit


US v. Mahafey, 09-5349

Defendants convictions for securities fraud on retrial is vacated and remanded, as the government's failure to disclose portions of the transcripts of depositions taken by the SEC prior to the first trial violated Brady v. Maryland. Further, the district court did not adequately instruct the jury that it had to find bribery in order to convict under an honest services fraud theory of conspiracy to commit securities fraud.

Appellate Information

  • Decided 08/02/2012
  • Published 08/02/2012

Judges

  • Parker

Court

  • United States Second Circuit

Counsel

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