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United States v. Lindo

18 F.3d 353 (1994)

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United States v. Lindo

United States Court of Appeals for the Sixth Circuit
18 F.3d 353 (1994)

  • Written by Robert Cane, JD

Facts

Herbert Lindo (defendant) was the president of a publicly traded company, Kenilworth Systems Corporation (Kenilworth). Lindo; Gary Lange, a solo legal practitioner; and Richard Osserman, legal counsel for Kenilworth, worked together in a scheme to raise money for Kenilworth. Lindo, Lange, and Osserman were indicted for securities violations. Lindo elected a jury trial, and he invoked his right not to testify. Lindo requested a jury instruction on a reliance-on-counsel defense. The trial court refused, finding that without testimony regarding reliance from Lindo, there was no evidence that Lindo relied upon the advice of Osserman in good faith. Lindo was found guilty on several counts. Lindo appealed.

Rule of Law

Issue

Holding and Reasoning (Martin, J.)

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Securities Regulation

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