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" we opposed the cert in newman as we do all cases generally in which we won below--we again being the government. and generally speaking, it isn't always true, but sometimes when a new theory is developed, the supreme court would like to have a number of lower federal appeals courts deal with it and sometimes they use the phrase percolation, like coffee percolates, in the lower courts before it's ripe for review. my guess is that's why. newman was also convicted for mail fraud and wire fraud as well as for securities fraud. it's very hard to go to the supreme court and test a securities fraud case when you have a mail fraud conviction which is hard to overturn, so as a practical matter, the supreme court--i'm guessing now; it's just speculation--might say "well why should we take a case and maybe reverse the securities part of it when there's a mail fraud part of it " and the guy is going to go to jail anyway. so maybe that was part of it; i don't know. i'm just guessing at that. so misappropriation worked itself through the circuit courts and i guess at this point are you the solicitor for the sec? yes, i was solicitor for the sec at that point. what was your most notable case coming in early at this point? there were so many of them it's hard to say. there were a number of cases that were brought again on the misappropriation theory. in other courts there was clark in the 9th circuit that i argued. i'm trying to remember the name of the case in the 7th circuit that jacob stillman argued but i had worked on with him, which were all varieties of the same thing. we were trying to establish in other circuits the misappropriation theory and indeed we did. in the 7th circuit case, the person had worked for a large investment bank and then was fired or left, but he managed to persuade the personnel department to allow him to keep his access card to the building. he would come in in the dead of night by using his access card and he'd rifle through everybody's inbox to try to get information about upcoming deals, and then he would trade on these deals. i guess he was pretty smart in some respects but wasn't smart enough to realize that he was leaving an electronic record every time he pushed his card in; it recorded the fact that he had come into the building. so it wasn't very hard to catch him and the 7th circuit adopted the misappropriation theory. clark was a case that i had argued where the court also adopted in the 9th circuit-- the appeals court for the west coast of the united states --they adopted the misappropriation theory. in that case the sec had also sued the broker who was a tippee of the insider and the broker was found not to have violated the law and was exonerated by the jury in that case, although the insider was not. we had asked that the insider pay back the broker's profits and he said, why should i pay the broker's profits when the jury found the broker didn't violate the law? but the court said you've got to pay it anyway and the 9th circuit affirmed that. so it was a pretty vigorous program. we were attempting to establish misappropriation theory elsewhere and these were some of the cases that went to the appeals courts but there were many cases in lower courts that were brought--many of them were settled under the same theory. the very famous cases against siegel, levine, ivan boesky, michael milken--these cases were all based on the misappropriation theory so the misappropriation theory became a very important theory in which to proceed on the sec's insider trader program. while we're talking about tippees, were you involved with the dirks case? and deuces wild poker. 14. backline players may participate in the play of the hand. if the active player and backline player s ; disagree over the play of the hand, the seated player makes the final decision or poker websites. 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