Legal Opinion

United States v. Wenger

Court of Appeals for the Tenth Circuit

Decided October 26, 2005No. 04-4022PublishedCited by 31 opinions

1Opinion of the Court

TYMKOVICH, Circuit Judge.

INTRODUCTION

Defendant-Appellant Jerome Wenger published a newsletter called The Next SuperStock and hosted a syndicated radio program of the same name. After failing to inform his listeners that he had been receiving compensation from certain companies in exchange for touting their stocks on his show, he was indicted and convicted of securities fraud under Section 17(b) of the Securities Act of 1933, 15 U.S.C. § 77q(b), which makes it unlawful to publicize a stock for consideration from an issuer, underwriter, or dealer without disclosing the fact and amount of the…

2Cases cited47 opinions

  1. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  2. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
  3. Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
  4. Screws v. United StatesSupreme Court of the United States · 1945
  5. Huddleston v. United StatesSupreme Court of the United States · 1988

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3Cited by31 opinions

  1. United States v. GordonCourt of Appeals for the Tenth Circuit · 2013
  2. Ariix, LLC v. Nutrisearch CorporationCourt of Appeals for the Ninth Circuit · 2021
  3. International Dairy Foods Ass'n v. BoggsCourt of Appeals for the Sixth Circuit · 2010
  4. Kt & G Corp. v. ATTORNEY GEN. OF STATE OF OKLAHOMACourt of Appeals for the Tenth Circuit · 2008
  5. Mumby v. PURE ENERGY SERVICES (USA), INC.Court of Appeals for the Tenth Circuit · 2011

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