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UNITED STATES v. CLARK

No. 72 Cr. 1356.

359 F.Supp. 128 (1973)

UNITED STATES of America, Plaintiff, v. Jack L. CLARK et al., Defendants.

United States District Court, S. D. New York.

May 7, 1973.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty., Gary P. Naftalis, Asst. U. S. Atty., of counsel, New York City, for plaintiff.

Arthur F. Mathews, of counsel, Washington, D. C., Poletti, Freiden, Prashker, Feldman & Gartner, Paul R. Grand, of counsel, New York City, for defendants.

GRIESA, District Judge.

Defendant Clark moves to dismiss Counts 2-34 of the indictment, which charge violation of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and S.E.C. Rule 10b-5. Clark's basic contention is that Counts 2-34 do not charge conduct coming within the wording found in both the statute and rule, which make unlawful certain conduct committed "in connection with the purchase or sale of any security."

Counts 2-34...

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