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UNITED STATES v. GENTILE

Nos. 497, 499, Dockets 75-1283, 75-1300.

530 F.2d 461 (1976)

UNITED STATES of America, Appellee, v. Phillip J. GENTILE and Hunter B. Brashier, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 10, 1976.

Certiorari Denied June 14, 1976.

Attorney(s) appearing for the Case

W. Cullen MacDonald, Asst. U.S. Atty., New York City (Thomas J. Cahill, U.S. Atty. for the Southern District of New York, and John C. Sabetta, Asst. U.S. Atty., New York City, on the brief), for appellee.

John J. Tigue, Jr., New York City (Kostelanetz, Ritholz & Mulderig and Lawrence S. Feld, New York City, on the brief), for defendant-appellant Phillip J. Gentile.

Howard L. Jacobs, New York City, for defendant-appellant Hunter B. Brashier.

Before LUMBARD, FRIENDLY and MULLIGAN, Circuit Judges.

LUMBARD, Circuit Judge:

Phillip J. Gentile and Hunter B. Brashier appeal from their convictions, after a jury trial in the Southern District, for participation in a conspiracy to sell, pledge, and distribute unauthorized and fraudulently issued securities in violation of 15 U.S.C. §§ 77q(a), 77x and 18 U.S.C. §§ 1341, 2314. Gentile was also convicted on five other counts which charged fraud in the distribution of the securities.

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