United States v. Matthews

787 F.2d 38 (1986)

From our private database of 46,100+ case briefs, written and edited by humans—never with AI.

United States v. Matthews

United States Court of Appeals for the Second Circuit
787 F.2d 38 (1986)

Facts

Clark Matthews (defendant) initially served as a staff attorney for Southland Corporation (Southland). In 1972, Southland had a dispute with the New York State Department of Taxation and Finance regarding certain taxes apparently owed by some Southland stores. A few of Southland’s other employees discussed bribing members of the New York State Tax Commission to alleviate the situation. Matthews became involved when one employee approached Matthews about concealing the payment as a lease proposal or a legal fee, which Matthews rejected as improper. Nevertheless, in 1977, the other employees stole money from Southland, though the money was never used for a bribe. Thereafter, Matthews served as Southland’s executive vice president, general counsel, and chief financial officer. In 1981, Southland circulated a proxy statement for an upcoming election of directors, which included Matthews as a candidate. The proxy statement listed the minimum information required by Schedule 14A but did not disclose anything about the bribery discussions or events. The shareholders elected Matthews as a director. Thereafter, in 1985, Matthews was convicted of violating § 14(a) of the Securities Exchange Act of 1934 based on his failure to disclose to the shareholders in 1981 that he had purportedly engaged in a conspiracy to bribe New York public officials. Matthews appealed.

Rule of Law

Issue

Holding and Reasoning (Van Graafeiland, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 747,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 747,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,100 briefs, keyed to 987 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 747,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,100 briefs - keyed to 987 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership