Legal Opinion

United States v. Berger

District Court, S.D. New York

Decided February 12, 2002No. 00 CR. 877(VM)PublishedCited by 11 opinions

1Opinion of the Court

DECISION AND ORDER

MARRERO, District Judge.

Defendant Michael Berger (hereinafter “Berger”) pled guilty on November 27, 2000 to one count of a two-count information charging securities fraud in violation of § 10(b) of the Securities Exchange Act of 1934, codified at 15 U.S.C. § 78j(b). On September 24, 2001, Berger filed a motion to withdraw his guilty plea, arguing, inter alia, that at the time he entered his guilty plea: (1) he lacked the capacity to voluntarily, knowingly and intelligently plead guilty; (2) the Court failed to conduct a sufficient inquiry into his alleged mental condition…

2Cases cited54 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Hill v. LockhartSupreme Court of the United States · 1985
  4. Giglio v. United StatesSupreme Court of the United States · 1972
  5. Cuyler v. SullivanSupreme Court of the United States · 1980

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3Cited by11 opinions

  1. Securities and Exchange Commission v. Michael W. Berger, Manhattan Investment Fund Ltd. And Manhattan Capital Management, Inc.Court of Appeals for the Second Circuit · 2003
  2. Gredd v. Bear, Stearns Securities Corp. (In Re Manhattan Investment Fund Ltd.)United States Bankruptcy Court, S.D. New York · 2002
  3. Bear, Stearns Securities Corp. v. GreddDistrict Court, S.D. New York · 2002
  4. Gredd v. Bear, Stearns Securities Corp. (In Re Manhattan Investment Fund Ltd.)District Court, S.D. New York · 2002
  5. Gredd v. Bear, Stearns Securities Corp. (In Re Manhattan Investment Fund Ltd.)United States Bankruptcy Court, S.D. New York · 2007

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