People v. Butler

Good Law
151 Cal. Rptr. 3d 352·2012 Cal. App. LEXIS 1301·212 Cal. App. 4th 404
Court of Appeal of CaliforniaDecember 21, 2012No. G043100California10,468 words

Opinion

Lead Opinion

Ikola, J.

A jury was asked to decide whether defendant Jeffrey Gordon Butler was guilty of securities fraud and related offenses or, conversely, if he *408 was merely a failed businessman who did nothing meriting criminal punishment. Believing the former to be true beyond a reasonable doubt as to the majority of counts alleged, the jury convicted defendant of 288 counts of fraud in the offer or sale of a security (Corp. Code, § 25401), 1 240 counts of offering an unqualified security (§ 25110), four counts of engaging in fraudulent securities schemes (§ 25541), 147 counts of theft from an elder (Pen. Code, § 368, subd. (d)), three counts of filing a false tax return (Rev. & Tax. Code, § 19705, subd. (a)(1)), and one count of aiding in the preparation of a false tax return (Rev. & Tax. Code, § 19705, subd. (a)). Among other enhancement findings, the jury found true allegations that defendant intentionally took property valued in excess of $2.5 million. (Pen. Code, § 12022.6, subd. (a).) The court sentenced defendant to 90 years eight months in prison. Defendant raises numerous issues on appeal, but we affirm the judgment in all respects.

FACTS

Defendant’s Background

Defendant…

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