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U.S. Securities and Exchange Commission v. Citigroup Global Markets Inc.

MEMORANDUM OF LAW re: 9 Order, Set Hearings,,,, In Response To Questions Posed

59 Cited authorities

  1. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,559 times   67 Legal Analyses
    Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

  2. North Carolina v. Alford

    400 U.S. 25 (1970)   Cited 10,681 times   6 Legal Analyses
    Holding that an individual may "consent to the imposition of a prison sentence" despite maintaining that he is innocent of the charged crime

  3. Heckler v. Chaney

    470 U.S. 821 (1985)   Cited 2,049 times   21 Legal Analyses
    Holding that a statute did not provide meaningful standards because it did not "speak to the criteria which shall be used by the agency for investigating possible violations of the [statute]"

  4. Firefighters v. Cleveland

    478 U.S. 501 (1986)   Cited 678 times   1 Legal Analyses
    Holding that a party may not impose duties or obligations on a third party without that party's agreement

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

    101 F.3d 1450 (2d Cir. 1996)   Cited 1,234 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

  6. United States v. Armour Co.

    402 U.S. 673 (1971)   Cited 643 times   1 Legal Analyses
    Holding that consent decree must be enforced as written, and enforcing defendant's waiver of right to litigate particular issue

  7. Wal-Mart Stores, Inc. v. Visa U.S.A., Inc.

    396 F.3d 96 (2d Cir. 2005)   Cited 759 times   1 Legal Analyses
    Holding that decision to grant or reject objector's motion for discovery regarding fairness of settlement depended on "whether or not the District Court had before it sufficient facts intelligently to approve the settlement offer"

  8. Officers for Justice v. Civil Serv. Comm'n

    688 F.2d 615 (9th Cir. 1982)   Cited 1,130 times   2 Legal Analyses
    Holding a settlement must stand or fall in its entirety because a district court cannot "delete, modify or substitute certain provisions"

  9. City of Detroit v. Grinnell Corporation

    495 F.2d 448 (2d Cir. 1974)   Cited 1,393 times
    Holding that Section 4 does not authorize award of attorney's fees to a plaintiff who settles his claim with the defendant

  10. In re Omnicom Group

    597 F.3d 501 (2d Cir. 2010)   Cited 328 times   1 Legal Analyses
    Holding that the “negative characterization of already-public information” does not constitute a corrective disclosure of new information

  11. Section 77q - Fraudulent interstate transactions

    15 U.S.C. § 77q   Cited 3,310 times   38 Legal Analyses
    Prohibiting the use of "any device, scheme, or artifice to defraud" in connection with the offer or sale of any security

  12. Section 2461 - Mode of recovery

    28 U.S.C. § 2461   Cited 3,179 times   25 Legal Analyses
    Authorizing criminal forfeiture where civil forfeiture is permitted in connection with a criminal offense

  13. Section 77t - Injunctions and prosecution of offenses

    15 U.S.C. § 77t   Cited 1,413 times   13 Legal Analyses
    Granting the SEC the power to seek civil penalties for violations of the Securities Act

  14. Section 77b - Definitions; promotion of efficiency, competition, and capital formation

    15 U.S.C. § 77b   Cited 1,406 times   27 Legal Analyses
    Instructing the SEC to consider, "in addition to the protection of investors, whether the action will promote efficiency, competition, and capital formation"

  15. Section 78o - Registration and regulation of brokers and dealers

    15 U.S.C. § 78o   Cited 985 times   53 Legal Analyses
    Requiring broker-dealers to be FINRA members

  16. Section 16 - Judgments

    15 U.S.C. § 16   Cited 711 times   11 Legal Analyses
    Tolling the clock on private antitrust suits "during the pendency" of related suits by the federal government and "for one year thereafter"

  17. Section 402 - Contempts constituting crimes

    18 U.S.C. § 402   Cited 176 times   1 Legal Analyses
    Empowering district court to punish contempt

  18. Section 78b - Necessity for regulation

    15 U.S.C. § 78b   Cited 155 times   2 Legal Analyses
    Listing one of the reasons for the necessity of SEC regulation as "insur[ing] the maintenance of fair and honest markets in [securities] transactions"

  19. Section 202.5 - Enforcement activities

    17 C.F.R. § 202.5   Cited 185 times   8 Legal Analyses
    Explaining that "the disposition of any ... matter [in a civil action brought by the SEC] may not, expressly or impliedly, extend to any criminal charges that have been, or may be, brought against any such person" because the SEC does not have the "authority or responsibility," which are "vested in the [DOJ]"