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Strategies & Market Trends : US vs Amr Elgindy - Trial Transcripts
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To: Jeffrey S. Mitchell who wrote (40)10/16/2005 3:46:41 PM
From: afrayem onigwecher   of 91
 
Cleveland also testified that although he received information from Mr. Royer on CATH, CWON, INIV, MDPA, TTRE, NAPH and REFR, he did not provide any of the information to Mr. Elgindy, and none was disseminated on the site. (See GX-JL-1.) Mr. Elgindy did not make any illegal trades in these stocks and any alleged insider trading in these stocks by others was not foreseeable to Mr. Elgindy. Mr. Elgindy therefore cannot be held responsible for any profits from any trading in those stocks. See Fruchter, 411 F.3d at 384 (noting the proper exclusion of profit from conduct of which the defendant was not aware); Hurley, 63 F.3d at 22. Yet again, the government claims that Mr. Elgindy should be required to forfeit his own and everyone else’s trading profits on these stocks.
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