Legal Opinion

Fed. Sec. L. Rep. P 95,209 United States of America v. Robert S. Persky

Court of Appeals for the Second Circuit

Decided June 18, 1975No. 1094, Docket 75-1108PublishedCited by 29 opinions

1Opinion of the Court

IRVING R. KAUFMAN, Chief Judge:

As Mark Twain once wrote, “there are two times in a man’s life when he should not speculate: when he can’t afford it, and when he can.” The unfortunate truth of this observation led some forty years later to the passage of the Securities Exchange Act of 1934. As the facts underlying this appeal from a conviction 1 for violations of § 10(b) of that Act, 15 U.S.C. § 78j(b), and SEC Rule 10b-5, 17 C.F.R. § 240.10b — 5, demonstrate, however, there are still times when investors would do well to heed Twain’s advice.

Throughout the period, covered by the indictment in…

2Cases cited17 opinions

  1. Thornhill v. AlabamaSupreme Court of the United States · 1940
  2. Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
  3. Dombrowski v. PfisterSupreme Court of the United States · 1965
  4. United States v. HarrissSupreme Court of the United States · 1954
  5. Parker v. LevySupreme Court of the United States · 1974

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3Cited by29 opinions

  1. Securities & Exchange Commission v. TamboneCourt of Appeals for the First Circuit · 2010
  2. United States v. James Mitchell NewmanCourt of Appeals for the Second Circuit · 1981
  3. United States v. David Carpenter, Kenneth P. Felis, and R. Foster WinansCourt of Appeals for the Second Circuit · 1986
  4. U.S. Securities and Exchange Commission v. Big Apple Consulting USA, Inc.Court of Appeals for the Eleventh Circuit · 2015
  5. UNITED STATES of America, Appellee, v. Vincent F. CHIARELLA, Defendant-AppellantCourt of Appeals for the Second Circuit · 1978

24 more not listed; retrieve them via the Exa API.

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