United States V. O’hagan Case Brief

CASE BRIEF-Week 8 Style of Case and Citation: linked States v. OHagan, 521 U.S. 642, 117 S. Ct. 2199, 138 L. Ed. 2d 724, 1997 U.S. Court Rendering Final finding: US Supreme Court Identification of Parties and Procedural detail: Respondent, James OHagan, was an extinctsider who had access to confidential information, and he profited from the information at the expense of the follow and other shareholders. The Securities and convince Commission (SEC) incriminate Respondent of atom:10(b) and member:14(e) violations. watchword of the Facts: Respondent was a partner in a equity firm, Dorsey & Whitney, which was representing a company that was potentially tendering an offer for common pullulate of the Pillsbury Company. Respondent was not personally involved in the representation, notwithstanding he was conscious of the transaction enough to know that if he purchased Pillsbury securities now that they would cast up in value at once the offer went by means o f. Respondent was breathing out to riding habit the profits from this transaction to replace money that he embezzled from the firm and its clients. After the offer went through and through, he do a $4.3 million profit. The SEC investigated Respondents proceedings and claimed he violated Section:10(b) and Section:14(e) for misappropriating confidential information. A jury convicted Respondent.

Statement and Discussion of the Legal Issues in going away: There are two issues regarding Section:10(b) and Section:14(e). The archetypical issue is whether Respondent violated Section:10(b) and Rule 10b-5 when he misappropriated nonpublic information to personally benefit through the trad ing of securities. The second issue is whet! her Rule 14e-3(a) exceeds the SECs rule-making authority as granted by the Securities and Exchange Act. short Court Final Decision: Respondent did violate Section:10(b) and Rule 10b-5 because all of the element of the rule were met. Respondent did use deceit in connection with the purchase of securities. He did not disclose to the firm...If you want to get a full essay, Indian lodge it on our website: OrderEssay.net

If you want to get a full information about our service, visit our page: write my essay