A Massachusetts police officer and his childhood friend lost their bid to dismiss claims that they conspired to commit securities fraud through their involvement in an insider trading scheme.
Gregory Manning and David Forte, an officer with the Needham police department, argued that the allegation must be dismissed because the government’s failure to allege that they “willfully joined in the conspiracy” or “voluntarily joined” the conspiracy to “further an unlawful purpose” amounts to a failure to allege an essential element of the offense.
Although the government could have included the words “willfully” and “knowingly” in the indictment, their omission doesn’t ...
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