This matter comes on before this Court on an appeal froma judgment of conviction and sentence entered against appellantMatthew Kluger on June 4, 2012, in which Kluger challengesonly his sentence. The government initiated this criminal caseon April 5, 2011, when it filed a complaint against Kluger andGarrett Bauer
in the District Court.
The government chargedKluger and Bauer as conspirators in a three-man insider-tradingscheme in which Kenneth Robinson was the third participant.The conspiracy spanned 17 years and, so far as is known,constituted the longest such scheme in United States history.On December 14, 2011, Kluger entered a guilty plea to afour-count information charging him with (1) conspiracy tocommit securities fraud; (2) securities fraud; (3) conspiracy tocommit money laundering; and (4) obstruction of justice, inviolation of 18 U.S.C. § 371, 15 U.S.C. §§ 78j(b) and 78ff(a),and 17 C.F.R. § 240.10b-5; 18 U.S.C. § 1956(h), 18 U.S.C. §1512(c)(2), and 18 U.S.C. § 2. Kluger pled guilty pursuant to a plea agreement which did not include a stipulation as to hisguidelines sentencing range. On June 4, 2012, the District Courtsentenced Kluger to a
60-month custodial term on Count I and144-month custodial terms on each of Counts II, III, and IV, allfour terms to be served concurrently, for a total custodial term of
On December 8, 2011, Bauer entered a guilty plea. TheDistrict Court sentenced him on June 4, 2012, following whichhe filed an appeal but we have affirmed the judgment in hiscase. See United States v. Bauer, No. 12-2754.
Case: 12-2701 Document: 003111317355 Page: 3 Date Filed: 07/09/2013