United States v. Tagliaferri, No. 15-536 (2d Cir. 2016)Annotate this Case
Defendant was convicted of one count of investment adviser fraud, one count of securities fraud, four counts of wire fraud, and six counts of offenses in violation of the Travel Act, 18 U.S.C. 1952. Defendant raised numerous issues on appeal. In this opinion, the court concluded that a criminal conviction premised on a violation of section 206 of the Investment Advisers Act of 1940, 15 U.S.C. 80b-6, does not require proof of intent to harm. Therefore, the district court did not err in not instructing the jury that investment adviser fraud requires proof of intent to harm his clients. In a summary order filed herewith, the court rejected defendant's remaining arguments. Accordingly, the court affirmed the judgment.