United States Second Circuit

Conviction of conspiracy to commit securities fraud, in violation of 18 U.S.C. section 371, and two counts of making false statements in Securities and Exchange Commission filings, in violation of 15 U.S.C. section 78ff(a), are affirmed over defendant's motion for a new trial, under Federal Rule of Criminal Procedure 33 on the basis of "newly discovered evidence," where: 1) defendant had not made a credible proffer that Bell's testimony was available; and 2) even if it were available, Bell's testimony did not constitute newly discovered evidence within the meaning of Rule 33, according to this Court's decision in US v. Owen, 500 F.3d 83 (2d Cir. 2007).

Appellate Information

• Decided 06/23/2015
• Published 06/23/2015

Judges

• WESLEY

Court

• United States Second Circuit

Counsel