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Legal Opinion

United States v. Wenger

District Court, D. Utah

Decided November 14, 2003No. 2:99CR260PGCPublished

1Opinion of the Court

MEMORANDUM OPINION FINDING SECTION 17(B) OF THE SECURITIES ACT COMPLIES WITH THE FIRST AMENDMENT

CASSELL, District Judge.

This matter is before the court on the defendant’s motion to dismiss counts 1 and 2 of the indictment against him. On May 26, 1999, defendant, Jerome M. Wenger, was indicted in a three-count indictment for his role in promoting the sale of stock in a publicly-traded company, Panworld Minerals. Counts 1 and 2 of the indictment alleged that Wenger promoted the stock in a newsletter and on radio programs without disclosing the fact that he had been given millions of shares of…

2Cases cited42 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Buckley v. ValeoSupreme Court of the United States · 1976
  3. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  4. Kolender v. LawsonSupreme Court of the United States · 1983
  5. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980

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