What is the test for a jury to determine "material, nonpublic information"?

MultiRegion, United States of America

The following excerpt is from United States v. Goffer, No. 11-3591-cr(L), No. 11-3778-cr(CON), No. 11-4193-cr(CON), No. 11-4409-cr(CON) (2nd Cir. 2013):

Goffer contends that the district court erred in instructing the jury regarding the definition of material, nonpublic information. Goffer proffered proposed instructions that he asserts would have better defined this information by excluding "confirmation[s] of an event that is fairly obvious to investors knowledgeable about the company or the particular security at issue." Goffer Brief at 28. An identical challenge to identical jury instructions was rejected in United States v. Contorinis, 692 F.3d 136, 141-45 (2d Cir. 2012). Compare id. at 142-44 with Tr. 2012-14. We therefore affirm the district court's jury instructions.

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