United States Second Circuit

Defendants' convictions for conspiracy to commit securities fraud and securities fraud are affirmed, where: 1) the wiretap evidence is admissible where the wiretap was lawfully obtained, and wire fraud remains a predicate offense to obtain a wiretap; 2) there was sufficient evidence from which a jury could reasonably infer defendants' mens rea; 3) conscious avoidance law was not altered by the holding of Global-Tech Appliances, Inc. v. SEB S.A.; 4) the district court properly excluded evidence of a rejected plea bargain; and 5) defendants’ sentences were reasonable in light of the magnitude of their theft and the 18 U.S.C. section 3553(a) 19 factors.

Appellate Information

• Decided 07/01/2013
• Published 07/01/2013

Judges

• WESLEY

Court

• United States Second Circuit

Counsel