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People v. Cohen

773 N.Y.S.2d 371 (2004)

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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.)

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