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UNITED STATES v. CLARK

No. 72 Cr. 1356.

359 F.Supp. 131 (1973)

UNITED STATES of America, Plaintiff, v. Jack L. CLARK et al., Defendants.

United States District Court, S. D. New York.

May 8, 1973.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty., Gary P. Naftalis, Asst. U. S. Atty., of counsel, New York City, for plaintiff.

Wilmer, Cutler & Pickering, Arthur F. Mathews, of counsel, Washington, D.C., Poletti, Freiden, Prashker, Feldman & Gartner, Paul R. Grand, of counsel, New York City, for defendants.

GRIESA, District Judge.

Defendant Clark moves to dismiss Count 62 of the indictment on the ground of lack of subject matter jurisdiction. Clark contends that Count 62 alleges an extraterritorial offense not covered by the statute relied upon — Section 17(a) of the Securities Act of 1933, 15 U.S.C. § 77q(a).

Count 62 alleges that Clark and other defendants engaged in fraud "in the offer and sale of securities" — debentures of Four Seasons...

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