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UNITED STATES v. MANDEL

No. 68 Cr. 504.

296 F.Supp. 1038 (1969)

UNITED STATES of America v. Sol G. MANDEL, Defendant.

United States District Court S. D. New York.

February 28, 1969.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., Southern District of New York, for the United States; Richard A. Givens, Asst. U. S. Atty., Southern District of New York, of counsel.

Moses Polakoff, New York City, for defendant.

METZNER, District Judge.

Defendant moves to dismiss the indictment which contains one count charging a violation of § 10(a) of the Securities Exchange Act of 1934 (15 U. S.C. § 78j(a)) and Rule 10a-1(a) (2), adopted pursuant thereto by the Securities and Exchange Commission (17 C.F. R. § 240.10a-1(a) (2)).

§ 10(a) provides:

"It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality...

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