Legal Opinion
UNITED STATES of America, Plaintiff-Appellee, v. Richard J. SMITH, Defendant-Appellant
Court of Appeals for the Ninth Circuit
Decided August 25, 1998No. 97-50137PublishedCited by 164 opinions
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
In this appeal from an insider securities trading conviction, we must decide difficult evidentiary issues involving an illegal interception of voicemail, as well as whether internal corporate earnings projections may constitute “material” inside information and whether conviction requires proof of actual use of that inside information.
I
PDA Engineering, Inc. (“PDA”) was, in 1993, a software design firm with headquarters in Orange County, California. Shares in PDA were publicly traded on the National Association of Securities Dealers Exchange (commonly referred to as…
2Cases cited58 opinions
- Wong Sun v. United StatesSupreme Court of the United States · 1963
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- Brown v. IllinoisSupreme Court of the United States · 1975
- Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
- Sandstrom v. MontanaSupreme Court of the United States · 1979
53 more not listed; retrieve them via the Exa API.
3Cited by164 opinions
- Jules Brody Joyce T. Crawford v. Transitional Hospitals Corporation Wendy L. Simpson Richard L. ConteCourt of Appeals for the Ninth Circuit · 2002
- Robert C. Konop v. Hawaiian Airlines, Inc.Court of Appeals for the Ninth Circuit · 2002
- The Wilderness Society Alaska Center for the Environment v. United States Fish & Wildlife ServiceCourt of Appeals for the Ninth Circuit · 2003
- United States v. PerrineCourt of Appeals for the Tenth Circuit · 2008
- A-Z International Great American Insurance Company v. Michael James PhillipsCourt of Appeals for the Ninth Circuit · 2003
159 more not listed; retrieve them via the Exa API.