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947 F.3d 19 *; 2019 U.S. App. LEXIS 38662 **; Fed. Sec. L. Rep. (CCH) P100,724; 2019 WL 7289753
UNITED STATES OF AMERICA, Appellee, v. DAVID BLASZCZAK, THEODORE HUBER, ROBERT OLAN, CHRISTOPHER WORRALL, Defendants-Appellants.
Prior History: Defendants David Blaszczak, Theodore Huber, Robert Olan, and Christopher Worrall appeal from judgments of conviction following a jury trial before the United States District Court for the Southern District of New York (Kaplan, Judge) for wire fraud, Title 18 securities fraud, conversion of U.S. property, and conspiracy, arising from the misappropriation of confidential information from the Centers for Medicare & Medicaid Services. On appeal, Defendants argue that the evidence at trial was insufficient in various respects, the district court committed instructional and evidentiary errors, and there was prejudicial misjoinder for two counts in which Blaszczak alone was charged. We reject each of these challenges. In doing so, we hold, inter alia, that (1) confidential government information may constitute "property" for purposes of the wire fraud and Title 18 securities fraud statutes, and (2) the "personal-benefit" test announced in Dirks v. SEC, 463 U.S. 646, 103 S. Ct. 3255, 77 L. Ed. 2d 911 (1983) [**1] , does not apply to those Title 18 fraud statutes. Because we also discern no prejudicial error with respect to the other issues presented on appeal, we AFFIRM the judgments of the district court.
United States v. Blaszczak, 2018 U.S. Dist. LEXIS 41009 (S.D.N.Y., Mar. 12, 2018)
confidential, securities fraud, Counts, confidential information, predecisional, district court, regulation, wire fraud, convictions, conversion, nonpublic, Defendants', insider, misappropriation, disclosure, conspiracy, embezzlement, personal-benefit, purposes, convert, thing of value, consultant, Indictment, announced, charges, predictions, fraudulent, quotation, grounds, marks
Criminal Law & Procedure, Appeals, Standards of Review, De Novo Review, Governments, Legislation, Interpretation, Trials, Jury Instructions, Commencement of Criminal Proceedings, Accusatory Instruments, Joinder & Severance, De Novo Review, Sufficiency of Evidence, Evidence, Burdens of Proof, Allocation, Proof Beyond Reasonable Doubt, Weight & Sufficiency, Abuse of Discretion, Evidence, Admissibility, Procedural Matters, Rulings on Evidence, Business & Corporate Compliance, Criminal Offenses, Fraud, Securities Fraud, False Pretenses, Fraud Against the Government, Mail Fraud, Trade Secrets Law, Protected Information, Fraud, Wire Fraud, Securities Fraud, Elements, Prosecution, Theft & Related Offenses, Embezzlement, Embezzlement, Securities, Theft & Related Offenses, Courts, Judicial Precedent, Vagueness, Jury Instructions, Particular Instructions, Juries & Jurors, Province of Court & Jury, Factual Issues, Joinder & Severance, Joinder of Defendants, Defective Joinder & Severance, Misjoinder