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U.S. v. CLARK

No. 10-5152.

717 F.3d 790 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Richard CLARK, a/k/a Rick Clark, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 18, 2013.

Attorney(s) appearing for the Case

Scott A. Graham ( Anthony L. Allen , with him on the briefs), of Graham, Allen & Brown, PLLC, Tulsa, OK, for Defendant-Appellant.

Claire McCusker Murray , Appellate Section, U.S. Department of Justice, Washington, D.C. ( Thomas Scott Woodward , United States Attorney, Catherine J. Depew , Assistant United States Attorney, Northern District of Oklahoma; Kevin B. Muhlendorf and Andrew H. Warren , Trial Attorneys, Lanny A. Breuer , Assistant Attorney General, Criminal Division, Greg D. Andres , Acting Deputy Assistant Attorney General, Criminal Division, and Joseph Palmer , Attorney, Criminal Division, Appellate Section, U.S. Department of Justice, Washington, D.C., on the brief), for Plaintiff-Appellee.

Before HARTZ, O'BRIEN, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

Defendant-Appellant Richard Clark was charged and convicted of multiple counts relating to his participation in a "pump-and-dump" securities fraud scheme. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm Mr. Clark's conviction.

I. Factual and Procedural Background

This case arises from a classic pump-and-dump scheme that was orchestrated principally by Mr. Clark's co-defendant, George David Gordon. In a separate...

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