WILLIAMS & CONNOLLY v. S.E.C.

No. 10-5330.

662 F.3d 1240 (2011)

WILLIAMS & CONNOLLY, Appellant, v. SECURITIES and EXCHANGE COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 9, 2011.


Attorney(s) appearing for the Case

Simon A. Latcovich argued the cause for appellant. With him on the briefs were Robert M. Cary and Christopher R. Hart .

Michelle Lo , Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Ronald C. Machen Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney.

Opinion for the Court filed by Senior Circuit Judge RANDOLPH.


RANDOLPH, Senior Circuit Judge:

The United States prosecuted Walter A. Forbes for securities fraud. Forbes's first two trials resulted in hung juries; the third resulted in a verdict of guilty. Cosmo Corigliano and Kevin Kearney testified as government witnesses in each trial. The Securities and Exchange Commission had been investigating Corigliano and Kearney for related securities violations. During and after the criminal proceedings, Forbes's defense counsel—...

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