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U.S. v. WENGER

No. 04-4022.

427 F.3d 840 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Jerome M. WENGER, also known as Jerome Maxell Wenger, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 26, 2005.

Attorney(s) appearing for the Case

Jerome H. Mooney, Mooney Law Firm, Salt Lake City, UT (Vincent L. Verdiramo, Verdiramo & Verdiramo, Jersey City, NJ, with him on the briefs), for Defendant-Appellant.

Diana Hagen, Assistant United States Attorney (Paul M. Warner, United States Attorney, with her on the brief), Office of the United States Attorney, Salt Lake City, UT, for Plaintiff-Appellee.

Before HARTZ, ANDERSON, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

INTRODUCTION

Defendant-Appellant Jerome Wenger published a newsletter called The Next SuperStock and hosted a syndicated radio program of the same name. After failing to inform his listeners that he had been receiving compensation from certain companies in exchange for touting their stocks on his show, he was indicted and convicted of securities fraud under Section 17(b) of the Securities Act of 1933, 15 U.S.C. § 77q...

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