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Sergey Pustelnik, et al. v. Securities and Exchange Commission

Paid petition · United States Court of Appeals for the Second Circuit, No. 21-453 · judgment June 15, 2022


Certiorari denied · February 21, 2023
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether scienter alone may satisfy the tradition­ ally separate artificiality requirement to establish market manipulation?

Counsel of record

For petitioner
Sergey Pustelnik

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 21 2023
    Petition DENIED.
  2. Jan 25 2023
    DISTRIBUTED for Conference of 2/17/2023.
  3. Jan 19 2023
    Waiver of right of respondent SEC to respond filed.
  4. Sep 13 2022
    Petition for a writ of certiorari filed. (Response due February 10, 2023)