P. v. Eisenman
Filed 6/30/06 P. v. Eisenman CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. ROBERT CARL EISENMAN, Defendant and Appellant. | G033967 (Super. Ct. No. 00HF0502) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, James A. Stotler, Judge. Affirmed.
Christine Vento, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Pamela Ratner Sobeck, Jennifer A. Jadovitz and Christopher P. Beesley, Deputy Attorneys General, for Plaintiff and Respondent.
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Defendant Robert Carl Eisenman appeals from convictions on seven counts of violating Corporations Code sections 25110 and 25540 (all further statutory references are to this code unless otherwise noted) for offering or selling nonexempt, nonqualified securities. He claims the court erred when it failed to instruct the jury that scienter was an element of the crime. He also contends the court erred by disallowing certain expert testimony. We disagree and affirm.
FACTS
Because the issues are strictly legal, a detailed recitation of the facts is not necessary. Defendant created Carma Business Trust. He represented to people that he owned 30 percent of the stock of Vitech, a corporation that owned 18 FCC licenses for interactive video dating services, and that he had contributed two-thirds of that stock into the trust. In reality, defendant did not own any shares of Vitech. He offered for sale certificates of business interest in the trust for $100,000 and received over $800,000 from investors. The certificates were never qualified with the Department of Corporations. The certificates were sold on behalf of the trust by Tom Wilkins.
Defendant was convicted of numerous securities fraud and grand theft charges, including seven for selling unqualified securities in violation of sections 25110 and 25540.
DISCUSSION
1. Jury Instruction on Scienter
Section 25110 provides that it is unlawful for anyone to offer or sell a security â€
