U.S. v. SKELLY

Docket Nos. 05-4261(L), 05-4290(CON), 05-4933-CR-XAP, 05-4936-CR-XAP, 05-5275-CR(CON).

442 F.3d 94 (2006)

UNITED STATES of America, Appellee-Cross-Appellant, v. Frank James SKELLY and Craig Gross, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 21, 2006.


Attorney(s) appearing for the Case

Joshua Klein, Assistant United States Attorney, New York, New York (Michael J. Garcia, United States Attorney for the Southern District of New York, Rhonda L. Jung, Special Assistant United States Attorney, Raymond J. Lohier, Jr., Katherine Polk Failla, Assistant United States Attorneys, New York, New York, on the brief), for Appellee-Cross-Appellant.

Miguel A. Estrada, Washington, D.C. (David Debold, Washington, D.C., on the brief), for Defendant-Appellant Frank James Skelly.

Stephen P. Scaring, Garden City, New York, for Defendant-Appellant-Cross-Appellee Craig Gross.

Before: NEWMAN and KATZMANN, Circuit Judges, and RAKOFF, District Judge.


RAKOFF, District Judge.

Frank James Skelly and Craig Gross appeal their convictions of three counts of securities fraud and one count of conspiracy to commit securities fraud and wire fraud. The appeal is from the September 16, 2005, and September 19, 2005, amended judgments of the District Court for the Southern District of New York, Richard M. Berman, District Judge. The primary theory of the prosecution was that Skelly and Gross, as principals of Walsh Manning...

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