United States v. Behrens
Court of Appeals for the Eighth Circuit
1Opinion of the Court
GRUENDER, Circuit Judge.
A federal grand jury returned an indictment charging Bryan Behrens with one count of securities fraud, six counts of mail fraud, five counts of wire fraud, and nine counts of money laundering. Behrens initially entered a plea of not guilty but later pled guilty, pursuant to a plea agreement, to one count of securities fraud, alleged in the indictment to be a violation of 15 U.S.C. § 78j(b), 78ff, and 17 C.F.R. § 240.10b-5 (“Rule 10b-5”).
At his sentencing hearing, Behrens asserted the “no-knowledge” provision of § 78ff(a), which states that “no person shall be subject…
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