(The news featured
below is a selection from the news covered in Federal Securities Law Reporter,
which is distributed to subscribers of Federal
Securities Law Reporter.)
Conviction Did Not Require Showing of GAAP Violations
The 2nd U.S. Circuit Court of Appeals decided that the
government was not required to present an expert witness to explain to a
criminal jury the GAAP requirements regarding debt reclassifications. The court
found that the GAAP requirements were not essential to the securities fraud case
before the court. In fact, even if the directors and officers of the cable
television providing company did satisfy the GAAP requirements, the jury could
still find that they misled investors about the amount of money that the
officers' and directors' family, and its other companies, owed the cable
provider.
U.S. v. Rigas (2ndCir) is reported at ¶94,342.
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