U.S. v. TREACY

Docket No. 09-3939-cr.

639 F.3d 32 (2011)

UNITED STATES of America, Appellee, v. James J. TREACY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 9, 2011.


Attorney(s) appearing for the Case

Bruce C. Bishop (Evan T. Barr, Reid H. Weingarten, on the brief), Steptoe & Johnson LLP, Washington, D.C., and New York, NY, for Defendant-Appellant.

Deirdre A. McEvoy, Assistant United States Attorney (Jesse M. Furman, Assistant United States Attorney, on the brief), for Preet Bharara, United States Attorney for the Southern District of New York, for Appellee.

Joel B. Rudin (Terri S. Rosenblatt, Benjamin C. Fishman, on the brief), Law Offices of Joel B. Rudin, New York, NY, and Richard D. Willstatter, Green & Willstatter, White Plains, NY, for Amici Curiae National Association of Criminal Defense Lawyers and New York State Association of Criminal Defense Lawyers.

Katherine M. Bolger (Slade R. Metcalf, Rachel F. Strom, on the brief), Hogan Lovells US LLP, New York, NY, for Amicus Curiae Dow Jones & Company.

Before: McLAUGHLIN and HALL, Circuit Judges, and RESTANI, Judge.


HALL, Circuit Judge:

Defendant-appellant James J. Treacy is a former Chief Operating Officer and President of Monster Worldwide, Inc. ("Monster")—also formerly known as TMP Worldwide, Inc.—which operates the job-hunting website Monster.com. Treacy, who left his position as an officer in 2002 and left Monster's board in 2003, was one of several Monster officials implicated in a long-term conspiracy to backdate stock options at the company and obtain favorable...

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