§Why CasetextPricing

Securities and Exchange Commission v. Kokesh

MOTION for Summary Judgment as to All Claims Against Defendant Charles R. Kokesh

6 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,036 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  2. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,940 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  3. Section 80a-36 - Larceny and embezzlement

    15 U.S.C. § 80a-36   Cited 23 times   1 Legal Analyses

    Whoever steals, unlawfully abstracts, unlawfully and willfully converts to his own use or to the use of another, or embezzles any of the moneys, funds, securities, credits, property, or assets of any registered investment company shall be deemed guilty of a crime, and upon conviction thereof shall be subject to the penalties provided in section 80a-48 of this title. A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution under this section

  4. Section 80b-5 - Investment advisory contracts

    15 U.S.C. § 80b-5   Cited 20 times   4 Legal Analyses

    (a) Compensation, assignment, and partnership-membership provisions No investment adviser registered or required to be registered with the Commission shall enter into, extend, or renew any investment advisory contract, or in any way perform any investment advisory contract entered into, extended, or renewed on or after November 1, 1940, if such contract- (1) provides for compensation to the investment adviser on the basis of a share of capital gains upon or capital appreciation of the funds or any

  5. Section 80a-56 - Transactions with certain affiliates

    15 U.S.C. § 80a-56   Cited 8 times
    Providing that it is unlawful for "any person who is related to a business development company . . . knowingly to borrow money or other property from such business development company"

  6. Section 240.12b-20 - Additional information

    17 C.F.R. § 240.12b-20   Cited 222 times   2 Legal Analyses
    Requiring reports to include information "as may be necessary to make the required statements . . . not misleading"