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Securities and Exchange Commission v. Amerindo Investment Advisors Inc. et al

REPLY MEMORANDUM OF LAW in Support re: 252 MOTION to Dismiss second amended complaint and entire case., 254 MOTION to Dismiss as to Defendant Alberto W. Vilar.. Document

8 Cited authorities

  1. Off. Comm. of Unsec. Cr., Worldcom v. S.E.C

    467 F.3d 73 (2d Cir. 2006)   Cited 123 times
    Holding that "creditors who suffered economic injuries that are fairly traceable to WorldCom's violations of the securities laws" and who sought "financial compensation to redress those losses . . . meet[] the requirements for Article III standing" to object to an SEC plan to distribute assets recovered on behalf of defrauded investors

  2. S.E.C. v. Gabelli

    653 F.3d 49 (2d Cir. 2011)   Cited 106 times   6 Legal Analyses
    Holding that "literally true statements that create a materially misleading impression," or "so-called 'half-truths,'" can be actionable as securities fraud

  3. Securities & Exchange Commission v. JT Wallenbrock & Associates

    440 F.3d 1109 (9th Cir. 2006)   Cited 107 times   1 Legal Analyses
    Holding that where "the defendants benefitted from the use of investors' money to spend at the defendants' discretion—whether to cover operating expenses, invest in start-up companies, pay personal expenses or to pay fake returns to investors to perpetuate the fraud" all such uses of investor money represented "an ill-gotten gain that unjustly enriched the defendants"

  4. Sec. & Exch. Comm'n v. Smart

    678 F.3d 850 (10th Cir. 2012)   Cited 72 times   3 Legal Analyses
    Holding that where a defendant did not use investors' funds in the manner that he said he would, used some funds for his own personal expenses, "ignored investors' inquiries about the status of their funds and provided false accountings," the "circumstances go beyond mere recklessness and indicate a deliberate intent to defraud investors"

  5. Goldstein v. S.E.C

    451 F.3d 873 (D.C. Cir. 2006)   Cited 74 times   25 Legal Analyses
    Finding agency interpretation arbitrary where it was at best counterintuitive and came “close to violating the plain language of the statute”

  6. Mosier v. Callister

    546 F.3d 1271 (10th Cir. 2008)   Cited 42 times
    Holding that “ in pari delicto may bar an action by a bankruptcy trustee against third parties who participated in or facilitated wrongful conduct of the debtor”

  7. Sec. & Exch. Comm'n v. Gruss

    11 Civ. 2420 (S.D.N.Y. Aug. 9, 2012)   Cited 14 times
    Finding that 15 U.S.C. § 80b-6, pursuant to which the Cash Solicitation Rule was promulgated, applies even as to foreign clients

  8. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 166,543 times   198 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."