Courtroom Dismisses Ex-OpenSea Exec’s Effort to Dismiss ‘Insider Buying and selling’ Case

by Jeremy

Furman wrote: “Chastain seizes on two references within the Indictment and statements made by the Authorities (in a press launch and on the preliminary convention on this case) to claim that he’s charged with ‘insider buying and selling.’ However he isn’t charged with insider buying and selling, not less than within the basic sense of the time period, which is a method of participating in securities fraud in violation of Part 10(b) of the Securities Trade Act of 1934 … As a substitute, he’s charged with wire fraud in violation of Part 1343. See Indictment ¶ 13. And in distinction to Part 10(b), which is restricted to fraud ‘in reference to the acquisition or sale of any safety,’ Part 1343 makes no reference to securities or commodities.”

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