§Why CasetextPricing

Securities and Exchange Commission v. Constantin et al

MEMORANDUM & ORDER: As outlined above, defendant Solomon is individually liable

10 Cited authorities

  1. Securities & Exchange Commission v. First Jersey Securities, Inc.

    101 F.3d 1450 (2d Cir. 1996)   Cited 1,232 times   5 Legal Analyses
    Holding that owner-officer who collaborated in unlawful conduct of firm may be held jointly and severally liable with firm for disgorgement of unlawful gains received

  2. S.E.C. v. Patel

    61 F.3d 137 (2d Cir. 1995)   Cited 221 times   3 Legal Analyses
    Holding that disgorgement "need only be a reasonable approximation of profits causally connected to the violation," and that any "risk of uncertainty in calculating disgorgement should fall on the wrongdoer whose illegal conduct created that uncertainty"

  3. Wickham Contracting Co. v. Local Union No. 3, International Brotherhood of Electrical Workers

    955 F.2d 831 (2d Cir. 1992)   Cited 243 times
    Holding that pre-judgment interest should not be granted "if the statutory obligation on which interest is sought is punitive in nature"

  4. S.E.C. v. Benson

    657 F. Supp. 1122 (S.D.N.Y. 1987)   Cited 74 times
    Holding that omissions and misstatements about a corporation's income in securities registration statements violated § 17

  5. S.E.C. v. Absolutefuture.com

    393 F.3d 94 (2d Cir. 2004)   Cited 39 times
    Holding that defendant's liability for disgorgement would be joint and several with the corporation that shared profits from a fraudulent scheme

  6. U.S. Securities v. Universal Express

    438 F. App'x 23 (2d Cir. 2011)   Cited 23 times
    Imposing $1 million third-tier penalty in excess of $130,000 enumerated by statute but less than total illicit gain of $13 million

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

    09 Civ. 7594 (RJH) (S.D.N.Y. Aug. 11, 2011)   Cited 13 times

    09 Civ. 7594 (RJH) 08-11-2011 SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. DOYLE SCOTT ELLIOTT, SCOTT ELLIOTT, INC., MICHAEL J. XIRINACHS, EMERALD ASSET ADVISORS LLC, ROBERT L. WEIDENBAUM, and CLX & ASSOCIATES INC., Defendants. Richard J. Holwell MEMORANDUM OPINION AND ORDER Richard J. Holwell, District Judge: In this action, the Securities and Exchange Commission ("SEC") alleges that defendants Doyle Scott Elliott, Scott Elliott, Inc. ("SEI"), Michael J. Xirinachs, Emerald Asset Advisors LLC

  8. S.E.C. v. Great Lakes Equities Co.

    775 F. Supp. 211 (E.D. Mich. 1991)   Cited 32 times
    Finding joint an several liability appropriate where individual Defendants' actions are "inextricably interwoven" with their company

  9. Section 78u - Investigations and actions

    15 U.S.C. § 78u   Cited 2,255 times   85 Legal Analyses
    Granting the SEC the power to seek civil penalties for violations of the Exchange Act

  10. Section 77t - Injunctions and prosecution of offenses

    15 U.S.C. § 77t   Cited 1,407 times   13 Legal Analyses
    Granting the SEC the power to seek civil penalties for violations of the Securities Act