Supreme Court of the United States · 2009-06-18
Case and law context
Role: background; posture: criminal; jury acquitted on conspiracy, securities fraud and four wire fraud counts and hung on insider trading / money laundering counts; on re-indictment the defendant moved to dismiss on double jeopardy (issue preclusion); denial affirmed by CA5; certiorari; result: not-decided; claim:
Instances and excluded annotation blocks
| Case | Element | Holding and scope | Variant | Exact source quotations |
|---|---|---|---|---|
| /us/557/0110-01 — Supreme Court of the United States · 2009 | Scheme or artifice to defraud | not_reached Excluded from merits counts background / procedural count: counts 3-6 (wire fraud; four Enron Broadband press releases in 2000); subject: count=counts 3-6 (wire fraud; four Enron Broadband press releases in 2000) The wire fraud counts matter only as acquittals whose preclusive effect on the hung insider-trading counts is in issue. The Court holds that hung counts play no part in the Ashe issue-preclusion analysis and remands; it does not decide what the acquittals necessarily determined (lack of insider information, per CA5, or non-participation in the scheme to defraud, per the district court), and says nothing about any element of 1343. | Unspecified variant | Counts 3 through 6 alleged that petitioner and others committed four acts of wire fraud when they issued four EBS-related press releases in 2000.Source: docroot/ir/caselaw/us_557.jsonl#/us/557/0110-01; Unicode character offsets [3231:3376] (end exclusive); SHA-256 d49e4e2921f15336497bab82957f214236c36a42fb3495b042401d9f3bb6b887.The jury acquitted petitioner on the fraud counts but failed to reach a verdict on the insider trading counts.Source: docroot/ir/caselaw/us_557.jsonl#/us/557/0110-01; Unicode character offsets [4661:4771] (end exclusive); SHA-256 d49e4e2921f15336497bab82957f214236c36a42fb3495b042401d9f3bb6b887. |