U.S. v. STEWART

Docket No. 17-593 August Term, 2017.

907 F.3d 677 (2018)

UNITED STATES of America, Appellee, v. Sean STEWART, Defendant-Appellant, Richard Cunniffe, Robert Stewart, aka Bob, Defendants.

United States Court of Appeals, Second Circuit.

Decided: November 5, 2018.


Attorney(s) appearing for the Case

BROOKE E. CUCINELLA ( Sarah K. Eddy , Brian Blais , and Margaret Garnett , on the brief), Assistant United States Attorneys, for Geoffrey S. Berman , United States Attorney for the Southern District of New York, New York, NY.

ALEXANDRA A.E. SHAPIRO , ( Sean Nuttall , on the brief), Shapiro Arato LLP, New York, NY, for Sean Stewart.

Judge Berman dissents in a separate opinion.


This is an unusual insider trading case, in that defendant-appellant Sean Stewart does not contest that he provided material, nonpublic information to his father, Robert Stewart. Rather, Sean readily acknowledges that "he was very close to his father, routinely confided in him, and even occasionally mentioned potential deals," and that his...

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