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United States v. Strohm

671 F.3d 1173 (2011)

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United States v. Strohm

United States Court of Appeals for the Tenth Circuit
671 F.3d 1173 (2011)

  • Written by Sharon Feldman, JD

Facts

Susie Strohm (defendant) was a suspended ClearOne Communications Inc. (ClearOne) executive. The Securities and Exchange Commission sought a preliminary injunction against ClearOne based on accounting irregularities. At the hearing, Strohm denied involvement in a particular sale and, when asked to approximate when she first learned of the sale, testified she did not know if it was before or after ClearOne’s fiscal year-end. The evidence established that the sale was finalized one day before the end of ClearOne’s fiscal year and that when Strohm realized she had miscalculated whether ClearOne would meet revenue projections, she increased the price of the product. Strohm was charged with perjury based on her testimony. Strohm was convicted and argued on appeal that the question about her involvement in the sale was fundamentally or arguably ambiguous, she gave literally true answers, and her testimony was not material to the district court’s decision.

Rule of Law

Issue

Holding and Reasoning (Tymkovich, J.)

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