Salman v. United States

Brief of the National Association of Criminal Defense Lawyers and the New York Council of Defense Lawyers as Amici Curiae in Support of Petitioner.

Brief filed: 05/13/2016


Salman v. United States

United States Supreme Court; Case No. 15-628

Prior Decision

Decisions below in United States v. Salman, 792 F.3d 1087 (9th Cir. July 6, 2015) and 618 Fed. Appx. 886 (9th Cir. July 6, 2015).


The decision below improperly extends the crime of insider trading to conduct never criminalized by Congress. The rule of lenity provides additional reasons to reject the rule adopted below. The decision below exemplifies a broader pattern of over-criminalization through expansive interpretation of federal criminal laws.

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Meir Feder and Samidh Guha, Jones Day, New York, NY; Henry W. Asbill and David Morrell, Jones Day, Washington, DC; Jeffrey L. Fisher, NACDL, Stanford, CA.