Court Refuses Ex-OpenSea Exec’s Effort to Dismiss ‘Insider Trading’ Case

Furman wrote: โ€œChastain seizes on two references in the Indictment and statements made by the Government (in a press release and at the initial conference in this case) to assert that he is charged with โ€˜insider trading.โ€™ But he is not charged with insider trading, at least in the classic sense of the term, which is a means of engaging in securities fraud in violation of Section 10(b) of the Securities Exchange Act of 1934 โ€ฆ Instead, he is charged with wire fraud in violation of Section 1343. See Indictment ยถ 13. And in contrast to Section 10(b), which is limited to fraud โ€˜in connection with the purchase or sale of any security,โ€™ Section 1343 makes no reference to securities or commodities.โ€

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