United States v. Richard Bailey
Court of Appeals for the Ninth Circuit
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
- Huddleston v. United StatesSupreme Court of the United States · 1988
- United States v. Gloria Ann MoralesCourt of Appeals for the Ninth Circuit · 1997
- United States v. Arturo Gonzalez-SandovalCourt of Appeals for the Ninth Circuit · 1990
- United States v. Jose Luis Gonzalez-FloresCourt of Appeals for the Ninth Circuit · 2005
- United States v. Jose Arambula-RuizCourt of Appeals for the Ninth Circuit · 1993
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3Cited by49 opinions
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- United States v. MoroscoCourt of Appeals for the First Circuit · 2016
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- Ortiz-Espinosa v. BBVA Securities of Puerto Rico, Inc.Court of Appeals for the First Circuit · 2017
- U.S. Securities & Exchange Commission v. JensenCourt of Appeals for the Ninth Circuit · 2016
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