"United States v. O'Hagan: Petition for a Writ of Certiorari" by Adam C. Pritchard
 

Document Type

Brief

Publication Date

11-26-1996

Abstract

Questions Presented:

  1. Whether respondent's trading of securities on material, nonpublic information that he misappropriated in breach of his fiduciary duties violated Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. 78j(b), and Rule 10b-5 thereunder, 17 C.F.R. 240.10b-5.
  2. Whether the Securities and Exchange Commission validly exercised its rulemaking authority under Section 14(e) of the Securities Exchange Act of 1934, 15 U.S.C. 78n(e), in promulgating Rule 14e-3, 17 C.F.R. 240.14e-3, an insider trading rule relating to tender offers.
  3. Whether respondent's trading in securities on material, nonpublic information that he misappropriated in breach of his fiduciary duties violated the mail fraud statute, 18 U.S.C. 1341, even if his conduct did not violate the securities laws.

Petition for a write of Certiorari: The Acting Solicitor General, on behalf of the United States, respectfully petitions for a writ of certiorari to review the judgment of the United States Court of Appeals for the Eighth Circuit in this case.

Comments

Amicus: Walker, Richard H.; Gonson, Paul; Stillman, Jacob H.; Summergrad, Eric; Quinn, Randall W.; Pritchard, Adam C.; Dellinger, Walter; Keeney, John C.; Dreeben, Michael R.; Wolfson, Paul R. Q.; Wyderko, Joseph C.

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