Quimbee logo
DMCA.com Protection Status

United States v. Svoboda

347 F.3d 471 (2003)

Case BriefRelatedOptions
From our private database of 33,600+ case briefs...

United States v. Svoboda

United States Court of Appeals for the Second Circuit

347 F.3d 471 (2003)

Facts

Michael Robles and Richard Svoboda (defendants) were friends who were indicted for conspiracy to commit securities fraud. The scheme for which they were indicted involved Svoboda obtaining confidential insider information by way of his position at a bank and passing that information to Robles. Robles, who was aware of Svoboda’s position at the bank, would then used the insider information to make suspiciously timed securities trades for large profits and share the profits with Svoboda. Svoboda pleaded guilty and testified at Robles’s trial that Robles was fully aware that the information he received from Svoboda had been unlawfully obtained. However, Robles denied such knowledge. At the government’s (plaintiff) request, the district court gave the jury a conscious-avoidance instruction: the jury could find that Robles acted knowingly regarding the unlawful source of the confidential information he received from Svoboda—despite the fact that Robles denied such actual knowledge—if the government proved that Robles consciously chose to avoid acquiring that knowledge. Robles was convicted and subsequently appealed, arguing that conscious avoidance may not be used to prove intent in a two-person conspiracy and therefore that the government had failed to establish Robles’s requisite intent to participate in the conspiracy.

Rule of Law

Issue

Holding and Reasoning (Scullin, C.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 603,000 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 603,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 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 603,000 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
  • 33,600 briefs - keyed to 984 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