Thursday, April 25, 2013

Eighth Circuit -- United States v. Bryan Behrens

From the court's website:

113482P.pdf   04/25/2013  United States  v.  Bryan Behrens
  U.S. Court of Appeals Case No:  11-3482
  U.S. District Court for the District of Nebraska - Omaha    
  [PUBLISHED] [Gruender, Author, with Chief Judge Riley and
  Colloton, Circuit Judges]
  Criminal Case - sentence. Sentence of imprisonment for securities fraud
  is affirmed. The "no knowledge" defense to imprisonment in 15 U.S.C.
  sec. 78ff, is not limited to no knowledge of the existence of the pertinent
  SEC rule or regulation but whether they did not know the substance of
  the SEC rule or regulation they allegedly violated regardless of whether
  they understood its particular application to their conduct. Because
  Behrens admitted to knowing the substance of Rule 20b-5, he was
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.