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· 12/10/2014

United States v. Newman and Chiasson

Citations

  • 773 F.3d 438
  • 2014 U.S. App. LEXIS 23190

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that fraudulent intent element of insider trading can be established “solely through circumstantial evidence”
  • indicating that consciously avoiding knowing that information came from an insider or that the insider received a benefit might have sustained conviction
  • noting that its earlier insider-trading cases involved stronger proof because they “involved tippees who directly participated in the tipper’s breach (and therefore had knowledge of the tipper’s disclosure for personal benefit
  • indicating that the government might have prevailed if had proven conscious avoidance
  • identifying instructional error and ordering dismissal of the indictment under Rule 29 because even a properly instructed jury would not have had sufficient evidence to convict
  • requiring proof that a tippee knew of a “source’s improper motive for disclosure”

Source: CourtListener parenthetical corpus (CC0).

Judges: Parker

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.