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U.S. v. BILZERIAN

No. 787, Docket 89-1502.

926 F.2d 1285 (1991)

UNITED STATES of America, Appellee, v. Paul A. BILZERIAN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 3, 1991.

Attorney(s) appearing for the Case

Charles Fried, Cambridge, Mass. (Langdell Hall, Cambridge, Mass. of counsel; Arthur F. Mathews, Stephen H. Sachs, Stephen F. Black, Joseph K. Brenner, Lee T. Lauridsen, W. Hardy Callcott, Mark J. Leimkuhler, Wilmer, Cutler & Pickering, Washington, D.C., also of counsel), for defendant-appellant.

David E. Brodsky, Asst. U.S. Atty., S.D.N.Y. (Roger S. Hayes, Acting U.S. Atty., John W. Auchincloss II, Asst. U.S. Atty., S.D.N.Y., New York City, of counsel), for appellee.

Samuel J. Buffone, Washington, D.C. (Asbill, Junkin, Myers & Buffone, Chartered, Washington, D.C., of counsel), filed a brief for amicus curiae National Ass'n of Criminal Defense Lawyers.

Before LUMBARD, CARDAMONE, and WINTER, Circuit Judges.

CARDAMONE, Circuit Judge:

One of the principal questions posed by this appeal is whether the availability of civil proceedings — often used to enforce the securities laws — forecloses the government from instituting criminal prosecution for the violation of these same laws. The complex contrivances revealed in the present record, such as "parking" stock at a brokerage firm in order to create the impression that the stock has been sold, or having a broker...

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