Thursday, November 7, 2013

United States v. Bilzerian case brief

United States v. Bilzerian case brief summary
926 F.2d 1285 (1991)

Defendant appealed his conviction from the United States District Court for the Southern District of New York for securities violations under 15 U.S.C.S. §§ 78j(b), 78ff , 18 U.S.C.S. § 1001, and 18 U.S.C.S. § 371.

Defendant was charged with numerous counts of securities violations. At trial, defendant's motion to be allowed to testify without being cross-examined on attorney-client communications was denied. Defendant was subsequently convicted under various securities statutes. On appeal, the court affirmed, holding that attorney-client communications were material to defendant's claim that he acted in a good faith belief of lawfulness. Defendant also appealed his prosecution under the general false statements statute, 18 U.S.C.S. § 1001, and under the defraud clause of the federal conspiracy statute, 18 U.S.C.S. § 371.

  • The court affirmed, holding that the Securities and Exchange Commission had the authority to prosecute under the false statements statute, and that prosecution for the same conduct could be brought under both the broader 18 U.S.C.S. § 371 and the more specific 15 U.S.C.S. § 78j(b). 
  • The court further held that the admission of tax return errors was not an abuse of discretion.


The court affirmed defendant's conviction for securities violations.

Suggested Study Aids For Securities Regulation Law
Securities Regulation in a Nutshell, 10th (Nutshell Series)
Securities Regulation: Examples & Explanations, 5th Edition
Securities Regulations: The Essentials

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