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BILLINGTON v. COM.

Record No. 1927-89-3.

412 S.E.2d 461 (1991)

Michael O'Mara BILLINGTON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

December 3, 1991.

Attorney(s) appearing for the Case

Susan Wolfe, New York City (Jeffrey C. Hoffman, New York City, John K. Zwerling, Alexandria, Hoffman & Pollok, New York City, Zwerling, Mark, Sutherland, Ginsberg & Lieberman, P.C., Alexandria, on briefs), for appellant.

John B. Russell, Jr., Sr. Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Leah A. Darron, Asst. Atty. Gen., on brief), for appellee.

Present: BARROW, BRAY and ELDER, JJ.

BARROW, Judge.

This criminal appeal is from convictions relating to securities fraud. Michael Billington (appellant) contends that his convictions are barred under Code § 19.2-294 because of prior federal proceedings based on the same acts. We hold that the acts upon which these convictions were based were not the same acts upon which the federal proceedings were based and, therefore, his convictions are not barred...

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