United States v. Uter

How courts have described this case

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

• disagreeing with Stoker and holding that defendant must personally receive money or property from the alleged fraud
• rejecting the SEC’s theories that defendants obtained money or property through misrepresentations that inflated their employer’s stock offerings because there was no allegation that defendants themselves benefitted because of the stock offerings
• signing investor documents that defendants knew to be misleading indicates substantial assistance
• rejecting argument that employee “obtains money or property” by engaging in fraudulent activity that is within the scope of his employment and for which he is compensated by his employer, without allegations that employee’s compensation was affected in some way by the fraud
• the SEC did not allege that defendants profited from the employer’s stock offering and the alleged fraud
• “Where factual allegations support multiple plausible inferences, the Court cannot decide among those interpretations on a motion to dismiss.”

Source: CourtListener parenthetical corpus (CC0).