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U.S. v. FALCONE

No. 00-1768.

257 F.3d 226 (2001)

UNITED STATES of America, Appellee, v. Joseph FALCONE, Defendant-Appellant.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: July 20, 2001.

Attorney(s) appearing for the Case

JOHN LAURENCE KASE (Paula Schwartz Frome, on the brief), Kase & Druker, Garden City, NY, for defendant-appellant.

MICHAEL CORNACCHIA, Assistant United States Attorney, for the Eastern District of New York, (Loretta E. Lynch, United States Attorney, Peter Norling, Demetri M. Jones, Assistant United States Attorneys, Eastern District of New York, on the brief), Brooklyn, NY, David M. Becker, General Counsel for The Security and Exchange Commission, for appellee.

Before: FEINBERG, VAN GRAAFEILAND, and SOTOMAYOR, Circuit Judges.

SOTOMAYOR, Circuit Judge:

Defendant Joseph Falcone appeals from a judgment of the United States District Court for the Eastern District of New York (Platt, J.) convicting him after a jury trial of thirteen counts of securities fraud, in violation of section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) ("section 10(b)"), and one count of conspiracy to commit securities fraud, in violation of 18 U.S.C. § 371, based on the "misappropriation...

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