Supreme Court Review 2016/2017 TERM
WEDNESDAY, MARCH 29, 2017
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Issue:  Insider-Trading Liability

Salman v. United States

15-628

QUESTION(S) PRESENTED

1. Does the personal benefit to the insider that is necessary to establish insider trading under Dirks v. SEC, 463 U.S. 646 (1983), require proof of "an exchange that is objective, consequential, and represents at least a potential gain of a pecuniary or similarly valuable nature," as the Second Circuit held in United States v. Newman, 773 F.3d 438 (2d Cir. 2014), cert. denied, No. 15-137 (U.S. Oct. 5, 2015), or is it enough that the insider and the tippee shared a close family relationship, as the Ninth Circuit held in this case?

2. Can failure to investigate suspicious circumstances, without more, constitute the "deliberate actions" to avoid knowledge that this Court found necessary to establish willful blindness in Global-Tech Appliances, Inc. v. SEB S.A., 131 S. Ct. 2060 (2011)?

DECISION

Decided December 6, 2016 HOLDING

The Ninth Circuit properly applied Dirks to affirm Salman’s conviction. Under Dirks, the jury could infer that the tipper here personally benefited from making a gift of confidential information to a trading relative.

Agree image Justice Sotomayor
Agree Sotomayor
Agree image Justice Breyer
Agree Breyer
Agree image Justice Thomas
Agree Thomas
Recused image Justice Scalia
Recused Scalia
Agree image Chief Justice Roberts
Agree Roberts
Agree image Justice Kennedy
Agree Kennedy
Agree image Justice Ginsburg
Agree Ginsburg
Author image Justice Alito
Author Alito
Agree image Justice Kagan
Agree Kagan

ALITO, J., delivered the opinion for a unanimous Court.

Text of Opinion
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ORAL ARGUMENT

Argued October 5, 2016

Appearences
On Behalf of Petitioner Bassam Yacoub Salman
Alexandra A. E. Shapiro
On Behalf of United States United States
Michael R. Dreeben, Deputy Solicitor GenĀ­eral, Department of Justice, Washington, D. C.
Transcript
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Audio
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CERTIORARI STAGE

Granted January 19, 2016

Certiorari Stage Documents
      Petition for Certiorari (pdf download)
Brief in Opposition (pdf download)
Petitioner's Reply (pdf download)

PROCEEDING BELOW

United States Court of Appeals for the Ninth Circuit
Decided July 6, 2015
pdf download