Legal Opinion · Dissent
People v. Napolitano
Appellate Division of the Supreme Court of the State of New York
Decided April 12, 2001Published
1DissentSaxe, J.
This case marks the first time a felony charge of insider trading has been prosecuted by a New York State District Attorney under the Martin Act (General Business Law art 23-A).1 It requires us to consider the showing necessary to support a felony conviction for violations of the Martin Act, based upon a claim of insider trading, and further, to decide whether trading securities based upon nonpublic, confidential inside information, satisfies the elements of criminal possession of stolen property in the second degree and scheme to defraud in the first degree. I agree with the majority that…
2Cases cited13 opinions
- Chiarella v. United StatesSupreme Court of the United States · 1980
- United States v. O'HaganSupreme Court of the United States · 1997
- Dirks v. Securities & Exchange CommissionSupreme Court of the United States · 1983
- Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958
- People v. BrelandNew York Court of Appeals · 1994
8 more not listed; retrieve them via the Exa API.