UNITED STATES V. SCOP
846 F.2d 135 (1988)
NATURE OF THE CASE: Scop (Ds) appealed from convictions for mail fraud in violation of 18
U.S.C.S. 1341, securities fraud in violation of 10(b) of the Securities Exchange Act of
1934, 15 U.S.C.S. 78j(b), and conspiracy in violation of 18 U.S.C.S. 371. Two defendants
were convicted of perjury in violation of 18 U.S.C.S. 1623.
FACTS: Scop (D) was one of several individuals indicted for mail and securities fraud in
connection with the trading of stock in a car dealership. D was involved in a scheme to
inflate the price of the stock, whereby the parties fixed the trading by providing buyer,
seller, and price in every transaction. The government's case against D rested in part on
the testimony of Whitten, an SEC investigator. Whitten testified solely on the basis of
evidence introduced at trial. Over D's objection, he was permitted to answer a question
concerning his opinion as to whether there was a scheme to defraud investor. In doing so,
Whitten repeatedly used terms contained in the statute under which D was being prosecuted
such as 'active participants' and 'material participants' in the manipulation of EAC stock.
D was convicted and appealed claiming that the admission of the expert testimony was
improper because it involved legal conclusions which are not within the scope of Rule 704.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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