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Tenth Circuit Holds That Insider Trading 'Gain' Is Limited to the Portion of Profit Attributable to Defendant's Criminal Conduct
In United States v. Nacchio, No. 07-1311, 2009 WL 2343716 (10th Cir. July 31, 2009), the U.S. Court of Appeals for the Tenth Circuit held that a district court's sentencing order relied on an improper calculation of the defendant's “gain resulting from the offense” of insider trading because it was not limited to the gain specifically attributable to his criminal conduct. The Tenth Circuit also held that the district court erred in requiring the defendant to forfeit the gross amount of his criminal stock transactions rather than his net profit from those transactions.
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There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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