NACDL - Salman v. United States

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.

Salman v. United States

Brief Details

Case No.: 15-628
Brief Filed: May 13, 2016
Jurisdiction: United States Supreme Court

Key Topics in the Brief

White Collar | Rule of Lenity | Dirks | Insider Trading | "Personal Benefit" Requirement | Section 10(b) of the Securities Exchange Act of 1934 | Chiarella | Newman | Close Family Relationship

Briefs

Salman-v-United-States-Amicus.PDF

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).

Argument(s)

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.

Author(s)

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.