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In the Courts
Global Tech Standard: Petition for Certiorari Pending Before Supreme Court
On May 18, 2012, the United States Court of Appeals for the Fifth Circuit upheld a district court verdict in United States v. Brooks, 681 F. 3d 678 (5th Cir. 2012), in which the defendants, former employees of El Paso Merchant Energy Corporation (EPME), were convicted of false reporting of natural gas trades in violation of the Commodity Exchange Act (CEA), as well as federal wire fraud. In its decision, the Fifth Circuit addressed a number of interesting issues, including application of the deliberate ignorance standard articulated by the Supreme Court in Global-Tech Appliances, Inc. v SEB S.A., — U.S. —, 131 S. Ct. 2060, 179 L.Ed.2d 1167 (2011). The defendants have recently filed a Writ of Certiorari, requesting Supreme Court review of the Fifth Circuit's application of the Global-Tech standard, which, if granted, would be the first opportunity the Court has had to consider application of the standard in a criminal case. The petition may be decided by the end of this year.
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