DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

113482P.pdf   04/25/2013  United States  v.  Bryan Behrens
   U.S. Court of Appeals Case No:  11-3482
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Gruender, Author, with Chief Judge Riley and
   Colloton, Circuit Judges]
Criminal Case - sentence. Sentence of imprisonment for securities fraud is affirmed. The "no knowledge" defense to imprisonment in 15 U.S.C. sec. 78ff, is not limited to no knowledge of the existence of the pertinent SEC rule or regulation but whether they did not know the substance of the SEC rule or regulation they allegedly violated regardless of whether they understood its particular application to their conduct. Because Behrens admitted to knowing the substance of Rule 20b-5, he was ineligible for the no-knowledge defense exclusion to imprisonment.