E&Y Atty Fights Trading Conviction In 2nd Circ.

Law360, New York (February 16, 2011, 4:33 PM EST) -- A former Ernst & Young LLP attorney told the Second Circuit on Wednesday that the jury instructions used to convict him of insider trading were flawed.

Barry A. Bohrer, who represented former E&Y attorney James Gansman, argued before a three-judge panel of the U.S. Court of Appeals for the Second Circuit that the district court judge should have included the Securities Exchange Act’s Rule 10b5-2 in the jury charges.

The jury “was without the tools” to rule on the allegations that Gansman passed on confidential information...
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