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Securities and Exchange Commission v. Goldman Sachs & Co. et al

MEMORANDUM OF LAW in Support re: 276 MOTION in Limine Pursuant to Federal Rule of Evidence 611.. Document

19 Cited authorities

  1. U.S. v. Cisneros-Gutierrez

    517 F.3d 751 (5th Cir. 2008)   Cited 952 times
    Holding that a district court did not abuse its discretion in considering a sentencing disparity argument even though the appellant's co-defendant was "more deeply involved in the conspiracy" and "received a sentence ten years less than his" because the co-defendant "pled guilty, provided information to law enforcement authorities, and did not flee before trial," making the two not "similarly situated"

  2. Palmieri v. Defaria

    88 F.3d 136 (2d Cir. 1996)   Cited 606 times
    Holding that proper review of dismissal for failure to prosecute requires careful examination of "each case in its own factual circumstances"

  3. Richman v. Goldman Sachs Grp., Inc.

    868 F. Supp. 2d 261 (S.D.N.Y. 2012)   Cited 73 times   8 Legal Analyses
    Holding that an SEC Wells Notice did not trigger a duty to disclose under Item 103

  4. Haney v. Mizell Memorial Hosp

    744 F.2d 1467 (11th Cir. 1984)   Cited 87 times
    Holding that a notice of appeal was timely filed where the plaintiff filed a motion to proceed in forma pauperis within the time required by Federal Rule of Appellate Procedure 4

  5. U.S. v. Meza-Urtado

    351 F.3d 301 (7th Cir. 2003)   Cited 34 times
    Holding sworn statements made during a co-defendant's plea colloquy were properly received as substantive evidence pursuant to Fed.R.Evid. 801(d)

  6. U.S. v. Benitez-Perez

    367 F.3d 1200 (9th Cir. 2004)   Cited 27 times
    Holding that “there was error and the error was clear” when the district court incorrectly imposed a 16–level enhancement under § 2L1.2(b) on the basis that the defendant has committed an aggravated felony under 8 U.S.C. § 1101

  7. Ellis v. City of Chicago

    667 F.2d 606 (7th Cir. 1981)   Cited 57 times
    Holding that current officers of the defendant city are adverse witnesses to the plaintiff

  8. United States v. Brown

    603 F.2d 1022 (1st Cir. 1979)   Cited 60 times
    Holding that burglary and petit larceny have bearing on credibility

  9. Perkins v. Volkswagen of America, Inc.

    596 F.2d 681 (5th Cir. 1979)   Cited 55 times
    Holding that a mechanical engineer with no experience in designing automobiles was permitted to express opinions on general mechanical engineering principles, but was prohibited from testifying as an expert in the area of automotive design

  10. United States v. Tunnell

    667 F.2d 1182 (5th Cir. 1982)   Cited 43 times
    Finding that the services of a prostitute were, under Texas law, an “economic gain” bestowed upon the recipient public official sufficient to sustain a bribery conviction

  11. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,065 times   75 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  12. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,494 times   165 Legal Analyses
    Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

  13. Section 77q - Fraudulent interstate transactions

    15 U.S.C. § 77q   Cited 3,297 times   38 Legal Analyses
    Prohibiting the use of "any device, scheme, or artifice to defraud" in connection with the offer or sale of any security

  14. Rule 611 - Mode and Order of Examining Witnesses and Presenting Evidence

    Fed. R. Evid. 611   Cited 1,886 times   7 Legal Analyses
    Granting trial judge broad discretion to control witness examination

  15. Section 240.10b-5 - Employment of manipulative and deceptive devices

    17 C.F.R. § 240.10b-5   Cited 9,189 times   133 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"