No. 10-0731-cr.

657 F.3d 85 (2011)

UNITED STATES of America, Appellee, v. James GANSMAN, Defendant-Appellant, Donna Murdoch, Defendant.

United States Court of Appeals, Second Circuit.

Decided: September 9, 2011.

Attorney(s) appearing for the Case

Barry A. Bohrer , Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C., New York, NY, for defendant-appellant.

Virginia ChaÀvez Romano , Assistant United States Attorney ( Preet Bharara , United States Attorney, on the brief), Office of the United States Attorney for the Southern District of New York, New York, NY, for appellee.

Before: CABRANES and CHIN, Circuit Judges, and KEENAN, District Judge.

JOSEÈ A. CABRANES, Circuit Judge:

Defendant-appellant James Gansman ("defendant" or "Gansman") appeals from a February 25, 2010 judgment of the United States District Court for the Southern District of New York (Miriam Goldman Cedarbaum, Judge) convicting him of insider trading under the so-called "misappropriation theory." The Supreme Court has distinguished the misappropriation theory from the "classical" insider trading theory by explaining that "[i...


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