United States V. O’hagan Case Brief

CASE BRIEF-Week 8 Style of Case and Citation: coupled States v. OHagan, 521 U.S. 642, 117 S. Ct. 2199, 138 L. Ed. 2d 724, 1997 U.S. Court Rendering Final stopping point: US Supreme Court Identification of Parties and Procedural enlarge: Respondent, James OHagan, was an forbiddensider who had access to confidential information, and he profited from the information at the expense of the follow and other shareholders. The Securities and reciprocation Commission (SEC) incriminate Respondent of atom:10(b) and subsection:14(e) violations. banter of the Facts: Respondent was a partner in a rightfulness firm, Dorsey & Whitney, which was representing a company that was potentially tendering an offer for common beginning of the Pillsbury Company. Respondent was non personally involved in the representation, however he was conscious of the transaction enough to know that if he purchased Pillsbury securities now that they would cast up in value formerly the offer went by means of. Respondent was breathing out to employ the profits from this transaction to replace money that he embezzled from the firm and its clients. After the offer went with, he do a $4.3 million profit. The SEC investigated Respondents proceeding and claimed he violated Section:10(b) and Section:14(e) for misappropriating confidential information. A jury convicted Respondent. Statement and Discussion of the Legal Issues in battle: There are two issues regarding Section:10(b) and Section:14(e). The archetypal issue is whether Respondent violated Section:10(b) and Rule 10b-5 when he misappropriated nonpublic information to personally benefit through the trading of securities. The second issue is whether Rule 14e-3(a) exceeds the SECs rule-making authority as granted by the Securities and Exchange Act. overstep Court Final Decision: Respondent did violate Section:10(b) and Rule 10b-5 because all of the element of the rule were met. Respondent did use de ceit in connection with the purchase of secu! rities. He did not disclose to the firm...If you want to get a full essay, Indian lodge it on our website: OrderEssay.net

If you want to get a full information about our service, visit our page: write my essay