STATEMENT OF THE CASE AND BASIS FOR FEDERAL JURISDICTION
This Indictment alleged that natural gas traders violated the Commodities Exchange Act (“CEA”) and wire fraud statute by providing false information to private trade magazines. Appellant James Brooks – former employee of El Paso Merchant Energy Corporation, the energy trading subsidiary of El Paso Corporation – was charged in a 49 count Indictment with 1 count of conspiracy, 18 U.S.C. § 371, and 24 counts each of false reporting in violation of the CEA, 7 U.S.C. § 13(a)(2) and wire fraud, 18 U.S.C. § 1343.
- 1163.1 The District Court had jurisdiction of the case under 18 U.S.C. § 3231. After thirty-two days of trial, three days of deliberation, a jury note and writ- ten response from the Court, the jury reached a split verdict. Brooks was convicted of 45 counts. R. 3470- 3520. The District Court sentenced Brooks to 168 months in prison. R. 11874 et seq. The Fifth Circuit Court of Appeals affirmed the trial court’s decision on May 18, 2012. The Petitioner now respectfully re- quests this Honorable Court to issue a writ of certiorari and to reverse the Fifth Circuit’s decision.
