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Securities

Oct. 22, 2024

Missing 'advice of counsel' jury instruction was essential, defense argues

The absence of jury instructions that following the advice of lawyers or professionals is a defense against fraud made the trial of former Ontrak CEO Terren Peizer unfair, his attorney argued.

An attorney attempting to save former Ontrak Inc. CEO Terren Peizer from a novel securities fraud prison sentence argued Monday that a federal judge in Los Angeles erred when she declined to provide an "advice-of-counsel and professionals" jury instruction that was crucial to prove his defense that he sold his shares of the company in good faith.

"Mr. Peizer did not receive a fair trial on this case, particularly because of the absence of the 'advice-of-counsel ...

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