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Securities & Exchange Commission v. BIH Corporation et al

MOTION for permanent injunction and Memorandum of Law for Entry of Final Judgment of Permanent Injunction and Other Relief Against Edward W. Hayter

27 Cited authorities

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

    101 F.3d 1450 (2d Cir. 1996)   Cited 1,231 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. Securities & Exchange Commission v. First City Financial Corp.

    890 F.2d 1215 (D.C. Cir. 1989)   Cited 351 times   5 Legal Analyses
    Holding that remedy of disgorgement may be ordered in an amount "causally related" to the wrongdoing "but disgorgement may not be used punitively"

  3. Securities & Exchange Commission v. Manor Nursing Centers, Inc.

    458 F.2d 1082 (2d Cir. 1972)   Cited 560 times   2 Legal Analyses
    Holding that the disgorgement remedy does not reach income derived from the ill-gotten gains because such a remedy would constitute a penalty

  4. Securities & Exchange Commission v. Management Dynamics, Inc.

    515 F.2d 801 (2d Cir. 1975)   Cited 437 times
    Holding that as "vice-president in charge of trading," aider and abettor "occupied a prominent position within the company[]" such that the "apparent authority exercised by [him]" created liability under agency principles

  5. Securities & Exchange Commission v. Calvo

    378 F.3d 1211 (11th Cir. 2004)   Cited 181 times   1 Legal Analyses
    Concluding that a limitations defense did not apply to the Securities Exchange Commission (SEC) when it is sued to enforce securities laws, thus "vindicating public rights and furthering public interests"

  6. S.E.C. v. UNIFUND SAL

    910 F.2d 1028 (2d Cir. 1990)   Cited 269 times
    Holding that the SEC need not show the likelihood of a recurring violation of securities law to obtain an injunction freezing the assets of a named defendant, since such an injunction aims only to preserve the SEC's opportunity to collect funds.

  7. Securities and Exchange v. Hughes Capital

    124 F.3d 449 (3d Cir. 1997)   Cited 137 times
    Holding that a district court did not abuse its discretion in refusing to admit altered copies of a record under Rule 803 because the records indicated "a lack of trustworthiness"

  8. 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"

  9. Securities and Exchange Commission v. Blatt

    583 F.2d 1325 (5th Cir. 1978)   Cited 224 times   2 Legal Analyses
    Holding that "[d]isgorgement is remedial and not punitive"

  10. Sec. & Exch. Comm'n v. Goble

    682 F.3d 934 (11th Cir. 2012)   Cited 74 times   5 Legal Analyses
    Holding that an "obey-the-law" injunction violates Rule 65(d)

  11. Rule 58 - Entering Judgment

    Fed. R. Civ. P. 58   Cited 18,270 times   9 Legal Analyses
    Recognizing that, after a jury verdict, the Court must enter judgment "in a separate document"

  12. Section 78u - Investigations and actions

    15 U.S.C. § 78u   Cited 2,249 times   85 Legal Analyses
    Granting the SEC the power to seek civil penalties for violations of the Exchange Act

  13. Section 6621 - Determination of rate of interest

    26 U.S.C. § 6621   Cited 1,828 times   22 Legal Analyses
    Applying a higher interest rate to past liabilities resulting from tax-motivated transactions

  14. Section 77t - Injunctions and prosecution of offenses

    15 U.S.C. § 77t   Cited 1,402 times   13 Legal Analyses
    Granting the SEC the power to seek civil penalties for violations of the Securities Act