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· 12/10/1996

Securities and Exchange Commission v. First Jersey Securities, Inc. And Robert E. Brennan

Citations

  • 101 F.3d 1450
  • 1996 U.S. App. LEXIS 31866

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • 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
  • holding that disgorgement amount should be calculated by measuring illegal profits, not the amount needed to reimburse defrauded investors
  • holding that an injunction prohibiting a party from violating statutory provisions is appropriate where there is a likelihood that the violations will continue absent an injunction
  • 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
  • noting that, under NASD rules, “a reasonable markup is generally not more than 5% over the prevailing market price”
  • explaining that controlling-person liability may attach if there is proof of both a violation by the controlled person and control of the primary violator by the defendant

Source: CourtListener parenthetical corpus (CC0).

Judges: Lumbard, Kearse, Moran

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.