Legal Opinion
United States v. Timothy McGee
Court of Appeals for the Third Circuit
Decided August 14, 2014No. 13-3183PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
ALDISERT, Circuit Judge.
Timothy McGee appeals his convictions for (1) securities fraud under the misappropriation theory of insider trading pursuant to 15 U.S.C. §§ 78j (b) and 78ff, and Securities and Exchange Commission (“SEC”) Rules 10b-5 and 10b6-2(b)(2), and (2) perjury pursuant to 18 U.S.C. § 1621. McGee raises several issues on appeal. He first challenges his securities fraud conviction, arguing that Rule 10b5-2(b)(2) is invalid because it allows for misappropriation liability absent a fiduciary relationship between a misappropriator of inside information and its…
2Cases cited28 opinions
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- Chiarella v. United StatesSupreme Court of the United States · 1980
- United States v. O'HaganSupreme Court of the United States · 1997
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3Cited by12 opinions
- United States v. ParigianCourt of Appeals for the First Circuit · 2016
- United States v. McPhailCourt of Appeals for the First Circuit · 2016
- United States v. O'MalleyCourt of Appeals for the Seventh Circuit · 2016
- Securities & Exchange Commission v. CoopermanDistrict Court, E.D. Pennsylvania · 2017
- United States v. William HirdCourt of Appeals for the Third Circuit · 2019
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