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U.S. v. LAY

No. 08-3892.

612 F.3d 440 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Mark D. LAY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 14, 2010.

Attorney(s) appearing for the Case

ARGUED: Michael L. Cioffi, Blank Rome LLP, Cincinnati, Ohio, for Appellant. Antoinette T. Bacon, Assistant United States Attorney, Cleveland, Ohio, for Appellee. ON BRIEF: Michael L. Cioffi, Nathaniel R. Jones, Rachel L. Payne, Blank Rome LLP, Cincinnati, Ohio, for Appellant. Antoinette T. Bacon, Laura McMullen Ford, Assistant United States Attorney, Cleveland, Ohio, for Appellee.

ROGERS, J., delivered the opinion of the court, in which GIBBONS, J., joined. KETHLEDGE, J. (pp. 449-50), delivered a separate opinion concurring in part and dissenting in part.

OPINION

ROGERS, Circuit Judge.

Defendant Mark D. Lay appeals his fraud convictions related to a hedge fund investment by the Ohio Bureau of Workers' Compensation. Lay primarily argues that the jury instructions were improper and that insufficient evidence supports the jury's verdict because, as a hedge fund adviser, Lay had a fiduciary relationship only with the hedge fund, not with its investors. Lay also...

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