Nos. 75-3375, 75-3453. December 29, 1976. S. Thomas Pollack (argued), of Irell Manella, Los Angeles, Cal., for appellant in 75-3375. Joseph A. Ball (argued), Los Angeles, Cal., for appellant in 75-3453. Joel Levine, Asst. U.S. Atty. (argued), Los Angeles, Cal., Andrew D. T. Pfeffer, Asst. U.S. Atty. (argued), Los Angeles, Cal., for appellee. Appeal from the United States District Court for the Central District of California. Before WRIGHT and TRASK, Circuit Judges, and PALMIERI, Senior District Judge
(a) Willful destruction It shall be unlawful for any person, except as permitted by rule, regulation, or order of the Commission, willfully to destroy, mutilate, or alter any account, book, or other document the preservation of which has been required pursuant to section 80a-30(a) or 80a-31(c) of this title. (b) Untrue statements or omissions It shall be unlawful for any person to make any untrue statement of a material fact in any registration statement, application, report, account, record, or
Whoever steals, unlawfully abstracts, unlawfully and willfully converts to his own use or to the use of another, or embezzles any of the moneys, funds, securities, credits, property, or assets of any registered investment company shall be deemed guilty of a crime, and upon conviction thereof shall be subject to the penalties provided in section 80a-48 of this title. A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution under this section
Any person who willfully violates any provision of this subchapter or of any rule, regulation, or order hereunder, or any person who willfully in any registration statement, application, report, account, record, or other document filed or transmitted pursuant to this subchapter or the keeping of which is required pursuant to section 80a-30(a) of this title makes any untrue statement of a material fact or omits to state any material fact necessary in order to prevent the statements made therein from