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Securities Regulation Keyed to Coffee
United States v. Mulheren
Facts
Beosky, a high-profile Wall Street spectator and Mulherenwere acquaintances. One day, Mulheren told Boesky, via telephone, that it would be “great” if Gulf-Western stock would rise to $45 a share, instead of its current price of just over $44 per share. No evidence existed that Boesky owned 3.4 million shares and when Boesky testified at trial, he did not imply that Mulheren was aware. Not long after that conversation, Mulheren bought 75k shares on Jamie Securities Co.’s behalf, causing Gulf-Western stock to rise to $45, whereupon Boesky sold his shares. Then, Mulheren was indicted by the Justice Department for violating § 10(b) of the Securities Exchange Act for a form of securities fraud, committed byMulheren by buying with the intent to manipulate stock prices. Mulheren was convicted, and he appealed.
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