· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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