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Matthew Kluger Insider Trading Sentence Affirmed July 9 2013

Matthew Kluger Insider Trading Sentence Affirmed July 9 2013

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Published by Walt Pavlo
The 12 year prison term given to insider trader Matthew Kluger was affirmed by 3rd Circuit. Court Decision.
The 12 year prison term given to insider trader Matthew Kluger was affirmed by 3rd Circuit. Court Decision.

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Published by: Walt Pavlo on Jul 10, 2013
Copyright:Attribution Non-commercial


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UNITED STATES COURT OF APPEALSFOR THE THIRD CIRCUIT ________________  No. 12-2701 ________________ UNITED STATES OF AMERICAv.MATTHEW KLUGER,Appellant ________________ On Appeal from the United States District Courtfor the District of New Jersey(D.C. Crim. No. 2-11-00858-001)Hon. Katherine S. Hayden, District Judge ________________ Argued April 24, 2013BEFORE: JORDAN, GREENBERG, and NYGAARD, Circuit Judges(Filed: July 9, 2013) ________________ 
Case: 12-2701 Document: 003111317355 Page: 1 Date Filed: 07/09/2013
Mark E. CoyneAssistant U.S. AttorneyCaroline Sadlowski (Argued)Assistant U.S. AttorneyPaul J. FishmanUnited States AttorneyOffice of the United States Attorney970 Broad Street Newark, NJ 07102Attorneys for AppelleeHarvey Weissbard (Argued)Genova Burns Giantomasi & Webster 494 Broad Street Newark, NJ 07102Alan L. ZegasLaw Offices of Alan L. Zegas522 Main StreetChatham, NJ 07928Attorneys for Appellant ________________ OPINION OF THE COURT ________________ GREENBERG, Circuit Judge.
Case: 12-2701 Document: 003111317355 Page: 2 Date Filed: 07/09/2013
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

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