United States v. Mandell, No. 12-1967 (2d Cir. 2014)Annotate this Case
Defendants Mandell and Harrington appealed from their convictions of conspiracy to commit securities fraud, wire fraud, and mail fraud; securities fraud; wire fraud; and mail fraud. The principal issue on appeal was whether there was sufficient evidence to convict defendants of securities fraud. The court concluded that, in light of the evidence of domestic transactions, and viewing the evidence in the light most favorable to the government, a rational jury could have found the essential elements of defendants' convictions beyond a reasonable doubt. Therefore, there was sufficient evidence to convict defendants of securities fraud. The government conceded that the forfeiture order should have made defendants jointly and severally liable for forfeiture. Accordingly, the court vacated and remanded as to this issue. The court rejected defendants' remaining arguments and affirmed in all other respects.