United States Second Circuit

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US v. Nouri, 09-3627

Convictions of securities fraud and related charges are affirmed, where: 1) the honest-services wire fraud jury instructions incorrectly stated the law because it did not require the jury to find that the scheme involved the payment of bribes or kickbacks, but there was no objection to the charge, and the error did not affect substantial rights of the defendants; 2) the inappropriate references to honest services did not expose the defendants to a risk of conviction without the jury having found the essential elements of the securities fraud crime; 3) there was no error for failure to instruct on discretionary versus non-discretionary accounts; 4) there was no error in the judge's refusal to instruct the jury on defendant Martin's request regarding fraud incidental to the sale of a security, as opposed to "in connection with" the sale; 5) there was sufficient evidence to support defendants' convictions; 6) the district court did not abuse its discretion in limiting the questioning of defendant Martin's witness; and 7) defendant's sentence was substantively and procedurally reasonable.

Appellate Information

  • Decided 03/04/2013
  • Published 03/04/2013

Judges

  • LEVAL

Court

  • United States Second Circuit

Counsel