In
United States v. Korchevsky, the Second Circuit (
Walker, Parker, Carney) affirmed two defendants’ conspiracy and securities fraud convictions over defendants’ myriad claims of error, which included challenges to the sufficiency of the evidence, including as to venue; and contentions that the government constructively amended the indictment, that the district court improperly instructed the jury on conscious avoidance, and responded to a jury note in impermissible fashion. Despite a number of close calls, the Court rejected all of these arguments, as discussed below.
Background
Defendant Vitaly Korchevsky was a hedge fund manager and investment advisor; Defendant Vladislav Khalupsky owned a trading company in Ukraine. In 2010, Korchevsky was approached by two brothers, the Dubovoys. The Dubovoys had access to a server holding pre-publication press releases containing important financial information: they were working with Ukrainian hackers who would steal the pres
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