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  1. Their cases were severed for trial and represented the first such prosecutions to go before a jury. § 371; securities fraud and making false filings with the Securities and Exchange Commission ("SEC") in violation of 15 U. He also sought a new trial on the separate basis of what he asserted to be a recantation of Elizabeth Moore's testimony that she did not know about the backdating. Earlier, the court had denied a motion for directed verdict for insufficiency of the evidence to establish materiality, i.e., that knowledge of the backdating would have affected the judgment of a reasonable investor. The jury convicted Jensen on the two counts charged against her: (1) falsifying and aiding and abetting the falsification of books, records, and accounts in violation of 15 U. The witnesses' testimony, taken cumulatively, and in the light most favorable to the prosecution, United States v. 2002) (citation omitted), permitted a rational trier of fact to find beyond a reasonable doubt that the omissions and misstatements were material to a reasonable investor. We therefore turn to whether prosecutorial misconduct requires a new trial.