Legal Opinion
United States v. McGee
District Court, E.D. Pennsylvania
Decided September 13, 2012No. Criminal No. 12-236PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
SAVAGE, District Judge.
Defendant Timothy McGee, who is charged in a two-count indictment with insider trading in violation of § 10(b) of the Securities Exchange Act of 19341 and Securities and Exchange Commission (“SEC”) Rules 10b-5 and 10b5-2,2 and perjury,3 has moved to dismiss the securities fraud count. He contends that the indictment does not sufficiently allege the existence of a confidential relationship essential to an insider trading offense based upon a misappropriation theory of liability, and that the SEC exceeded its rulemaking authority when it promulgated Rule…
2Cases cited34 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
- Hamling v. United StatesSupreme Court of the United States · 1974
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3Cited by2 opinions
- United States v. Timothy McGeeCourt of Appeals for the Third Circuit · 2014
- United States v. McGeeDistrict Court, E.D. Pennsylvania · 2013