Legal Opinion

United States v. Richard Bailey

Court of Appeals for the Ninth Circuit

Decided August 27, 2012No. 11-50132PublishedCited by 49 opinions

1Opinion of the Court

Opinion by Judge B. FLETCHER; Dissent by Judge M. SMITH.

OPINION

B. FLETCHER, Circuit Judge:

A jury convicted Richard A. Bailey of two counts of securities fraud. Bailey appeals his conviction arguing that he was prejudiced by the trial court’s improper admission of a prior civil complaint filed by the SEC against Bailey. We agree and vacate Bailey’s conviction and remand for a new trial.

I. BACKGROUND

Bailey was the President, Chief Executive Officer, and Chairman of the Board of Directors of Gateway, a small, public company involved in selling health and dietary supplements.1 In 2002, Bailey met…

2Cases cited21 opinions

  1. Huddleston v. United StatesSupreme Court of the United States · 1988
  2. United States v. Gloria Ann MoralesCourt of Appeals for the Ninth Circuit · 1997
  3. United States v. Arturo Gonzalez-SandovalCourt of Appeals for the Ninth Circuit · 1990
  4. United States v. Jose Luis Gonzalez-FloresCourt of Appeals for the Ninth Circuit · 2005
  5. United States v. Jose Arambula-RuizCourt of Appeals for the Ninth Circuit · 1993

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

3Cited by49 opinions

  1. Estate of Henry Barabin v. Astenjohnson, Inc.Court of Appeals for the Ninth Circuit · 2014
  2. United States v. MoroscoCourt of Appeals for the First Circuit · 2016
  3. United States v. Roxanne CarpenterCourt of Appeals for the Ninth Circuit · 2019
  4. Ortiz-Espinosa v. BBVA Securities of Puerto Rico, Inc.Court of Appeals for the First Circuit · 2017
  5. U.S. Securities & Exchange Commission v. JensenCourt of Appeals for the Ninth Circuit · 2016

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

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