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U.S. v. FINNERTY

Docket No. 07-1104-cr.

533 F.3d 143 (2008)

UNITED STATES of America, Appellant, v. David FINNERTY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 18, 2008.

Attorney(s) appearing for the Case

Lauren Goldberg, Assistant United States Attorney, United States Attorney's Office for the Southern District of New York, New York, N.Y. (Michael J. Garcia, United States Attorney, on the brief, Anirudh Bansal and Celeste Koeleveld, Assistant United States Attorneys, of counsel), for Appellant.

Frederick P. Hafetz, Hafetz & Necheles, New York, N.Y. (Tracy Sivitz, on the brief), for Defendant-Appellee.

Before: JACOBS, Chief Judge, POOLER, Circuit Judge, RESTANI, Judge.

DENNIS JACOBS, Chief Judge:

In this securities fraud case, the government appeals from a judgment of acquittal entered by the district judge following a jury's guilty verdict. See United States v. Finnerty, 474 F.Supp.2d 530 (S.D.N.Y. 2007) (Chin, J.). Defendant-Appellee David Finnerty was a specialist at the New York Stock Exchange ("NYSE") who engaged in the practice of "interpositioning" — the arbitrage...

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