2nd Circuit Upholds Insider Trading Conviction of Ex-Goldman Sachs Director The panel’s decision represented the latest retreat from the appellate court’s holding in 2014’s “U.S. v. Newman,” which narrowed prosecutors’ ability to prove insider trading.


Gupta-m1114755-web2
Rajat Gupta, right, with his attorney Gary Naftalis, following his sentencing in 2012. Photo: Louis Lanzano/ Bloomberg
https://www.law.com/newyorklawjournal/2019/01/07/2nd-circuit-upholds-insider-trading-conviction-of-ex-goldman-sachs-director/
By Colby Hamilton | January 07, 2019 at 04:12 PM

For the second time in as many months the U.S. Court of Appeals for the Second Circuit has declined to reverse an insider trading secured by federal prosecutors before the circuit court’s ruling in United States v. Newman and the sequence of decisions it spawned.

On Monday, the panel, composed of Circuit Judges Amalya Kearse, Richard Wesley and Christopher Droney, denied former Goldman Sachs director Rajat Gupta’s second attempt to have his insider trading conviction overturned. The Second Circuit had previously in 2014 denied Gupta’s argument that the trial court erred in admitting some evidence, while excluding other evidence offered by the defense ahead of his 2012 conviction. He ultimately served 19 months in prison, and was released in 2016.

The current appeal came after U.S. District Judge Jed Rakoff of the Southern District of New York denied Gupta’s motion to vacate his conviction in the wake of the Second Circuit’s 2014 decision in Newman, which substantially narrowed the “personal benefit” requirements of an insider trading relationship. Gupta argued before Rakoff that the jury instructions in his case were legally invalid under Newman.

On appeal, the panel reviewed Gupta’s challenge based on a cause-and-prejudice standard. It agreed with Rakoff’s argument that nothing stopped Gupta from arguing that the jury instructions were faulty on direct appeal from his conviction, since they were made during trial.

The panel observed that its November 2018 decision in Whitman v. United States tracks closely with the dynamics of Gupta’s case, as jury instructions were objected to at trial but weren’t pursued on appeal. Other insider trading cases pursued the line on appeal before Newman, the panel noted, making the claims in Whitman—and therefore Gupta’s case—insufficient to show cause.

Defendants in other insider trading prosecutions were contending that juries should be given narrower definitions of the personal benefit needed to find culpable insider trading,” the panel wrote. “We conclude that [Gupta] presents no viable claim that the personal benefit challenge was unavailable to his counsel on appeal.”

While the panel, having found Gupta failing the cause standard, could arguably have ended its findings there, it proceeded to address the issue of prejudice, and, in doing so, waded directly back in to the circuit’s muddied law on insider trading.

The panel first found that Gupta failed to show the personal benefit instructions were so flawed as to deny him due process, noting that the actual language provided to the jury in question spoke of “maintaining a good relationship with a frequent business partner.”

That last clause proved critical for the panel, who argued it squared with requirements under precedent, but not the Second Circuit’s most recent double take in United States v. Martoma, which is mentioned briefly later. Instead, the panel opted to return to the insider trading Ur-precedent from the Supreme Court’s 1983 decision in Dirks v. SEC.

The Dirks court set out a “varying sets of circumstances…which would warrant a finding of the tipper’s illegal purpose,” the panel noted. Despite the fact the specific language required by Newman for a tangible or pecuniary benefit was not present in Gupta’s jury instructions, the language was satisfactory under Dirks’ seemingly broader “circumstances.”

In fact, the panel’s acknowledgment that Dirks highlighting the ability for a quid pro quo relationship despite “the lack of need for proof of the tipper’s financial or tangible gain” appeared to potentially undercut a portion of the court’s holding in Newman, continuing the erosion that began with the Supreme Court’s findings in Salman v. United States and continued through the two versions of the Second Circuit’s Martoma decision.

The fact that Newman‘s requirement for proof of a tipper’s pecuniary or other tangible gain has been rejected by the Supreme Court disposes of Gupta’s contention that Newman meant the trial court’s instruction that proof of pecuniary or tangible benefit was not necessary caused him to be convicted of a crime for ‘conduct that is not criminal,’” the panel said, quoting from Gupta’s brief on appeal.

A spokesman for the U.S. Attorney’s Office for the Southern District of New York, which secured Gupta’s original conviction and handled the appeal, declined to comment.

Kramer Levin Naftalis & Frankel name attorney Gary Naftalis handled Gupta’s appeal. He did not respond to a request for comment.

Related:

Dirty electricity in the home threatens human health


Dirty electricity in the home threatens human health
https://www.naturalhealth365.com/dirty-electricity-emf-2822.html
Posted by: Lloyd Burrell in EMF Pollution, Natural Personal Care December 31, 2018 0 Comments

What if electromagnetic or EMF pollution wasn’t strictly a wireless technology problem? Well, it turns out that dirty electricity – mainly caused by the electrical wires in your home – can cause serious health issues like, migraines, poor brain function and, even, contribute to cancer cell growth.

This is clearly a much more serious health concern – almost never addressed by the mainstream media. Bottom line: wouldn’t you want to know if the electrical supply that powers your home was a major source of electrical pollution and the cause of health problems?

As a little background, the standard electrical frequency – that is in North American homes and offices – is 60 hertz. This is what’s used to operate our TVs, cookers, refrigerators, washing machines and lights.

But, increasingly so, there are a large number of other electrical frequencies that can be found on our wiring. These frequencies are known as ‘high frequency voltage transients.’ The problem is these high frequencies are believed to cause a number of serious health problems.

Hence, these high frequencies have earned the name, ‘dirty electricity’.

Where can I find dirty electricity inside the home?
A major source of dirty electricity is the electronic devices that are in our homes and in the homes of our neighbors.

Dave Stetzer, a leading expert on dirty electricity, and other scientists, have found that these high frequency voltages come from our computers, printers, copiers, TVs, game consoles, tube fluorescent lights, compact florescent light bulbs, dimmer light switches, variable speed motors, treadmills, vacuum cleaners, sewing machines, wind turbines, solar energy inverters, smart meters, and other electronic devices.

Many modern electronic devices add high frequency transients to our home electrical wiring.

Dirty electricity can also be caused by arcing on power lines during storms when lines touch trees. It can also be created from unfiltered cell phone and broadcast frequencies from nearby antennas.

The rarely spoken truth about premature aging and death
Leading epidemiologist Samuel Milham, MD, MPH – who has studied this subject in detail and even wrote a book on it – believes that these exposures coupled with the proliferation of wireless technology mean that “we may be facing a looming epidemic of morbidity and mortality”.

Dirty electricity in electrical wiring has been linked to many serious diseases and health conditions, including:

Cancer
Multiple Sclerosis
Elevated blood sugar
Obesity
Migraine headaches
Attention deficit disorders
Asthma
Chronic fatigue syndrome
Multiple chemical sensitivities
Miscarriages
Infertility
Depression and suicide
How is dirty electricity created inside the homes?
Most modern electronic devices now use Direct Current (DC) power. These devices are equipped with switch-mode power supply (SMPS) converters that convert the alternating electrical current (AC) from the wall outlets into DC current.

These SMPS converters can create dirty electricity – which are then added to our electrical wires. These converters can often be found in rectangular boxes in surge protector strips or on larger electronic devices. And, they may be built into the equipment.

Let’s talk about the worst offenders.

Compact florescent light (CFL) bulbs are believed to be among the worst contributors to dirty electricity.

They use ‘pulsed electronic technology.’

These new bulbs, unlike the old incandescent variety, switch on and off some 20,000 times per second. And, it’s this switching activity, which breaks up the normal 60-hertz sine wave of electrical power into fragments, returns the unused electrical fragments to the electrical system and thereby creates dirty electricity.

Compact florescent light bulbs add pollution to house and office wiring in the 50 to 100 KHZ range. One CFL bulb can contaminate the electrical system of an entire house when it’s in use.

The mainstream media continue to ignore the ‘biological effects’ of dirty electricity
Dr. Magda Havas, of Trent University, in Canada has been studying the biological effects of high frequency voltage transients and similar forms of electromagnetic pollution since the early 1990s. She says:

“Most of the research on the biological effects of nonionizing radiation is done at one of two frequency ranges: extremely low frequency associated with electricity (50/60 Hz) and radio frequency associated with wireless telecommunication devices (800 MHz to 2.5 GHz range).

An intermediate frequency range [high frequency voltage transients], at the low end of the RF spectrum (kHz), flows along and radiates from wires and thus has characteristics of the two major types of electromagnetic pollution mentioned above.

Scientists doing research on the biological effects of power line frequencies seldom measure this frequency range and thus ignore the effects it might have on health.”

How can electricity in a wire be a health risk?
First, there is the issue of ground current. According to Dave Stetzer ground current has become a major problem in the U.S. since 1992 when the electric utility companies started using the earth, the ground we walk on, as if it was an electric wire.

Previously utility companies used a neutral wire to return unused electricity to their substations.

Since 1992, energy companies have decided to just run wires down the side of electrical poles into the ground.

In North America ground current is now practically everywhere. These dangers are compounded by the presence of large amounts of dirty electricity – which flow through the ground and our electrical wiring.

Dirty electricity does not stay in your wiring. It manifests the skin effect.

It travels on the outer skin of the wire and can easily radiate through walls into our living spaces and our bodies.

Great tips on protecting your health
Here are some simple ways to reduce your exposure to dirty electricity:

1. Eliminate/minimize the use of these devices in your home.
2. Replace dimmer switches with on/off switches.
3. Replace CFLs with traditional light bulbs.
4. Replace smart (utility) meters with an analog meter.
5. Eliminate/minimize use of any device susceptible to be equipped with a SMPS converter.

To deal with this issue effectively you need to measure the dirty electricity levels in your home and install dirty electricity filters if the readings are above 50 GS units. GS units are measured with a Graham micro-surge meter.

For more tips on reducing your dirty electricity exposures – learn how to use a GS filter.

What is the correlation between electricity and disease?
Dr. Milham studied U.S. vital statistics and census records for 1920–1960. He found that urban death rates were much higher than rural rates for a number of diseases including cardiovascular diseases, diabetes and suicide.

He believes that many of these diseases could be prevented today if appropriate steps were taken to reduce the harmful effects of ground current, dirty electricity and radiation from cell phones, cell towers and the like.

Governmental agencies, utility companies and corporations who create electrical products continue to underestimate and often downplay the potential harm of electromagnetic fields.

Get smart before it’s too late. Act now to take steps to protect your health from dirty electricity and other EMF exposures.

About the author: Lloyd Burrell is the founder of ElectricSense.com. His website offers solutions to the growing number of people whose health is being compromised by exposure to wireless and similar technologies. Download his free EMF Health Report today!

Breaking NEWS: Vaccine rights attorney attacked by State Bar agency in classic ‘witch hunt’


https://www.naturalhealth365.com/vaccine-dangers-state-bar-2610.html

vaccine-legal-action(NaturalHealth365) The North Carolina State Bar clearly is on a ‘witch hunt’ by initiating a lawsuit against the nation’s leading vaccine rights attorney, Alan Phillips. What’s their intent? Mr. Phillips is required to hand over years of (confidential) client files or risk being jailed for civil contempt. Every lawyer (and civil rights advocate) should be outraged by this action.

Alan has been the only attorney in the United States focused solely on issues surrounding vaccine exemptions and vaccine legislative activism. He has been an advocate for parental rights and medical freedom. But, as you’ll soon see, this ability to freely choose which medical treatments to accept or deny is quickly being destroyed by all those supporting the pharmaceutical industry and its overbearing policies.

Vaccine Rights Action ALERT: Help Alan Phillips, J.D.

The following statement was issued by Alan Phillips as a way to describe what’s happening to him and gives all of us an opportunity to help. Feel free to share this article far and wide.

The North Carolina State Bar, the agency that licenses NC attorneys, has taken the unprecedented step of filing a lawsuit against the nation’s leading vaccine rights attorney, Alan Phillips, J.D., to force Phillips to hand over years of his clients’ files or risk being jailed for civil contempt…

Attorney Phillips is the nation’s leading Vaccine Rights attorney, the only attorney whose practice is focused solely on vaccine exemptions and vaccine legislative activism, and who works with clients, attorneys, legislators and activists nationally in virtually every possible U.S. exemption setting.[1] North Carolina is known as “Vaccine Central” for its award-winning vaccine companies.[2] So, it’s not surprising that the NC State Bar is going after Phillips, with what Phillips claims are invented facts and law in a series of steps that appear to have been designed from the start to disbar Phillips, for helping people legally avoid vaccines.

This is not just a personal attack against Phillips, it’s an attack on the entire vaccine awareness movement, given Phillips’ unique role in helping clients nationally with exemptions and legislative activism!

So, please 1) share this story far and wide, 2) sign the petition linked below, 3) donate to support Phillips’ legal defense fund, and 4) stay tuned for updates to this story! (links below)

BASELESS ATTACK

The NC Bar’s lawsuit and underlying investigation are both unlawful for several reasons, according to Phillips. First, the Bar lacks the legally-required “allegation of misconduct.”

That’s right, they are not even claiming Phillips actually did anything wrong, in which case (or should we say, “witch case”?) there is no legal basis for the investigation or lawsuit!

There is also a blatant conflict of interest, Phillips points out, as he filed a good-faith complaint against State Bar attorneys for their fabrication of facts and law in a February 2017 “Letter of Warning” to Phillips. NC Bar attorneys can’t lawfully investigate Phillips while Phillips has an unresolved complaint open against Bar attorneys; both matters must be addressed by outside, independent people to avoid the obvious conflicts of interest.

But the NC Bar is ignoring that conflict; it is suppressing Phillips’ complaint against Bar attorneys, and aggressively pursuing Phillips.

Phillips is not alone in his claim that NC Bar attorneys have engaged in serious misconduct. His complaint against NC Bar attorneys is supported by two independent legal experts, and Phillips’ own preliminary investigation has turned up other witnesses to NC Bar officials fabricating facts, and other attorneys who claim they were disbarred based on facts invented by NC Bar attorneys. So, there appears to be a very serious problem at the NC State Bar!

And Phillips isn’t the only one who has filed a complaint against NC Bar attorneys! Several organizations around the country have also filed complaints in recent months, based on contradictions between a NC Bar letter and other information posted on the Internet.

NC Bar officials are suppressing these complaints as well – again, avoiding scrutiny of their own actions. Yet, they continue to pass judgment on other NC attorneys. More than just a little ironic…

Finally, according to Phillips, the NC State Bar’s demand for years of Phillips’ clients’ files amounts to an unlawful “fishing expedition.” That’s a legal term for digging around in private information or documents to see if you can find something wrong, without a legitimate basis for having access to the information in the first place.

It violates Constitutional due process. And this “expedition” would be particularly egregious, as it would violate hundreds of Phillips’ clients’ privacy rights based on the most sacred of legal tenets, the attorney-client privilege.

Phillips fears the court may rubber-stamp the Bar’s unlawful demand, as courts sometimes do with government entities and powerful private persons. But Phillips also believes there is an out-of-the-box solution to the problem that involves putting a public spotlight on the matter, to expose publicly the NC Bar’s misdeeds, on the theory that “even a bad person will do the right thing when there’s a spotlight on them…”

For example, Phillips founded a new non-profit, Bar Watch, Inc., to put a light on the NC Bar attorneys’ misconduct, and to garner support for a proper investigation of the NC Bar. But your help is needed to power that light!

A summary and detailed description of the NC State Bar saga are available at the new Bar Watch, Inc. website: https://BarWatchOnline.org.

HOW YOU CAN HELP!

1. Please sign one of these petitions:

(a) Petition for Attorneys:
https://www.change.org/p/investigate-the-nc-bar

(b) Petition for Non-Attorneys:
https://www.change.org/p/no-attorney-is-above-the-law

2. Please share this article throughout the vaccine awareness community!

3. Please Donate to:

(a) Bar Watch, Inc.: A NC non-profit corporation to document and expose publicly the NC State Bar’s misconduct regarding Phillips and other NC attorney-victims:
https://www.patreon.com/BarWatchInc

(b) Vaccine Rights Attorney Legal Defense Fund: Help Phillips pay for his legal defense. Phillips has spent over two decades donating most of his time to the vaccine controversy with frequent radio shows, legislative activism, conferences, information by phone and email—and never asked for donations. But now he needs our help: https://www.gofundme.com/vax-rights-atty-legal-defense-fund
Short url: gf.me/u/jcjjwi

(c) Personal donations: PayPal to alan@vaccinerights.com

NY State Senator dies of sepsis after receiving flu vaccine


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flu-vaccine-death(NaturalHealth365) New York State Senator José Peralta (D-East Elmhurst) was not feeling well for about two weeks, later developed a fever, became disoriented and had difficulty breathing.

He was eventually taken to the hospital and died.  An autopsy is scheduled, we can only wonder – at this point – what will be discovered.

But, what’s even more disturbing is how government health officials report on the ‘mystery’ behind all these symptoms.  They simply can’t seem to figure out what triggered the problem.

According to Chris Sosa, Peralta’s director of communications, “he just thought he was having symptoms related to getting the flu shot.”  Yet, mainstream media outlets do not seem to make any meaningful connection between the vaccination and his death.

Fair WARNING: Flu vaccine side effects are often a signal to take lifesaving action – before it’s too late

The cause of Peralta’s death was determined to be sepsis – a severe infection that overstimulates the nervous system.

This causes the body to go into shock and the organs to shut down.  Simply put: the body’s inflammatory response goes into overdrive, causing overwhelming systemic inflammation. In effect, the body poisons itself.

Editor’s note: We, at NaturalHealth365, have written quite a bit about how to naturally (and effectively) respond to a bacterial or viral infection.  Here’s just one example of how to minimize the threat of sepsis.

Just days before he died, Senator Peralta sponsored an event related to the death of eight-year-old Amely Baez of LeFrank City, New York.  She passed away on Feb. 5 of “flu-related” symptoms, according to health authorities.

In addition, ironically, Peralta helped organize an event with NYC Health and Hospitals/Elmhurst sponsoring free influenza vaccinations in Amely’s home city on Nov. 17.  Little did he know what would happen to him – after receiving a flu shot.

Around 90 residents from the area were vaccinated. At the time, Peralta stated, “The influenza vaccine can be the difference between life and death.”  No doubt, Peralta urged his fellow New Yorkers to get the flu vaccine.

Educate yourself: Flu vaccine dangers include systemic inflammation – which can lead to GBS, MS and sepsis

The most common documented side effects of the flu vaccine include soreness, swelling and/or redness at the injection site, fever, headache, muscle aches and nausea.  But, let’s not forget that fainting and Guillain-Barré Syndrome (GBS), are also possible.

By the way, in case you’re not familiar, GBS is an inflammation of the peripheral nervous system.

In addition, severe allergic reactions have been reported and, in many cases, can be fatal.  These reactions can include difficulty breathing, dizziness, wheezing, hoarseness, swelling, hives, weakness, paleness and accelerated heartbeat.

There have even been reports of blindness and the onset of multiple sclerosis following a flu shot.

Sadly, most people still don’t realize that vaccine ‘side effects’ – related to the flu vaccine – are actually triggered by the toxic ingredients within each shot.  For example, the flu vaccine has substances like thimerosol (mercury) and aluminum – which are both known neurotoxins.

There is also evidence that receiving the flu vaccine weakens the immune system, increasing the chances of getting the flu in subsequent years.

Keep your immune system strong year-round

To avoid vaccine dangers, natural flu remedies are always the best course of action during flu season.

Eat a diet rich in organic fruits and vegetables plus take vitamin C and D to keep the immune system strong – all year round.  In addition, consume probiotics to help promote an ideal balance of gut bacteria – which is essential to immune system health.

And, of course, maintain a physically active lifestyle – which is so important to maintain healthy immune function.

Sources for this article include:

NYTimes.com
TheVaccineReaction.org
Collective-Evolution.com
NaturalHealth365.com