The Martoma decision makes proving an intent to benefit the linchpin of the government’s case. A father helping his son avoid losing hundreds of thousands of dollars is a powerful motive to disclose confidential corporate information. That may be enough for a jury to infer that the telephone call from Mr. Collins is sufficient to show he passed along confidential information, even though there is no evidence of what the two men actually said to each other.
‘Enforcement 40’ for 2020
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