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Microcap & Penny Stocks : Naked Shorting-Hedge Fund & Market Maker manipulation? -- Ignore unavailable to you. Want to Upgrade?

To: rrufff who wrote (4102)	12/21/2008 8:52:33 AM
From: rrufff	2 Recommendations Read Replies (1) \| Respond to of 5034

The message board defenders of this scam often have complained that really nothing wrong was done because the purloined FBI information was available elsewhere. Here's the courts response: The Government does not dispute that -(page) 21- someone who knew where to look could have lawfully discovered some of the information that Royer obtained improperly from nonpublic law enforcement reports, but it argues that, as the district court instructed the jury, the fact that information may be found publicly if one knows where to look does not make the information “public” for securities trading purposes unless it is readily available, broadly disseminated, or the like. In so concluding, the district court relied on the Supreme Court’s decision in United States Department of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749, 751 (1989), in which the Court considered whether the disclosure of criminal histories compiled by the FBI could reasonably be expected to constitute an unwarranted invasion of personal privacy within the meaning of the “privacy” exemption from disclosure under the Freedom of Information Act. In upholding the application of that exemption, the Court distinguished criminal history information that a member of the public could obtain only with difficulty from information that was “freely available.”