From our private database of 28,700+ case briefs...
People v. Cohen
New York Supreme Court Appellate Division
773 N.Y.S.2d 371 (2004)
Facts
A interconnected group of stockbrokers (the brokers) (defendants) lied under oath in New York before the National Association of Securities Dealers (NASD). NASD was a private nongovernmental entity that was empowered to investigate and police the securities industry under both state and federal laws. In their testimony before NASD, the brokers falsely claimed that one of them, Stanley Cohen, had not been acting in a supervisory capacity at a stock-brokerage firm. Cohen had been barred for life from acting in such a capacity by a Securities and Exchange Commission order in 1973. Based upon this perjury and the NASD findings, Cohen and the other brokers were charged under state law with a number of criminal counts, including fraud, conspiracy, and perjury. The trial court dismissed the fraud and conspiracy charges but rejected the brokers’ motion to dismiss the perjury counts. The brokers were convicted of perjury. The brokers appealed, alleging that the state did not have jurisdiction to prosecute them for perjury committed before NASD.
Rule of Law
Issue
Holding and Reasoning (Tom. J.)
What to do next…
Here's why 546,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 28,700 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
