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Kansas Violation of the Securities and Exchange Commission Rule Discussion

Enclosed is a narrative providing a set of facts relating to a company and individuals associated
with that company, as well as a limited number of fact exhibits, which represent the full universe
of documents and evidence that were introduced at trial. You may assume that any facts or
materials referenced in the narrative but not attached as exhibits were discussed orally at trial.
You are either a prosecutor or a defense attorney in the trial of United States v. Annie Daniels
and Eva Ralph, who have been charged with violations of four federal criminal laws: (1)
violations of the anti-bribery provisions of the Foreign Corrupt Practices Act; (2) obstruction of
justice in violation of 18 U.S.C. § 1512; (3) making false statements in violation of 18 U.S.C. §
1001; and (4) securities fraud in violation of the Securities and Exchange Commission’s Rule
10b-5 (also at 17 C.F.R. 240.10b-5). Each of the four crimes was charged against at least one,
and possibly both, of the two defendants. It is up to you to determine based on the enclosed facts
which of these four crimes the government has charged with respect to each defendant, and then
to argue the elements of each violation charged. Neither defendant has been charged with any
crimes outside of the four identified here.
We have assigned each of you to either the role of a prosecutor or a defense attorney, as you will
see in the attached assignment chart. Your assignment—consistent with your role—for the final
exam is to draft a paper, between 5-10 pages (double-spaced, size 12 font, with 1-inch margins),
making a closing argument about why your side (prosecution or defense) should win on these
charges. For those of you assigned to be prosecutors, you should argue that the evidence proves
beyond a reasonable doubt that the defendants are guilty of each of the crimes charged against
them. For those of you assigned to be defense attorneys, you should argue that the government
has failed to meet its burden to prove all the elements of each crime.
In addition to writing the paper, each of you will have an opportunity to provide a 2-minute oral
presentation of an excerpt of your closing statement to the “judges and jury” (i.e., to Professors
Leiken and Bell and to the other students during a Zoom session). Your presentation of an
excerpt from your closing argument should address at least one of the crimes identified above,
but does not need to address all four of the crimes and does not need to include every point
covered in your written paper. Rather, you should condense your selected portion of your
closing argument to no more than 2 minutes of speaking to make your points. Formal citations
are not required in the paper or the oral presentation, but when discussing the law you should, in
some manner, reference the statutes or cases to which you are referring.
Your paper will be graded on how well you analyze the elements of each offense, the substance
and persuasiveness of your arguments, and the structure of your arguments. Your final grade
will be based on your paper, as well as your class attendance, participation, and your oral
presentation of one of the issues from your closing argument paper.

Your papers are due no later than 9:00 am on Tuesday, May 3

Note: My role in this paper is a defense .


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