Friday, September 09, 2011

Second Circuit -- USA v. Gansman

Where requested, securities fraud trial court must give jury instruction that there was no culpability where tipper & tippee had a relationship of trust or confidence, and tipper had no intent that info was to be used for insider trades.

No error on conscious avoidance instruction.

Within court's discretion to exclude evidence of witness' trying to game polygraph.

No error in exclusion of codeft's parent's convictions for securities fraud.

Prosc statement in closing that deft was described on a website as a trading junkie was properly & promptly cured.

USA v. Gansman
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.