Securities and Exchange Commission v. Joseph J. Monterosso

How courts have described this case

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

• upholding order directing disgorgement of compensation and other benefits that officer of company received as a result of his fraudulent conduct
• “disclosure of the omitted fact would have been viewed by the reasonable shareholder as having significantly altered the ‘total mix of information available.’”
• “Once the SEC has produced a reasonable approximation of the defendant's unlawfully acquired assets, the burden shifts to the defendant to demonstrate the SEC's estimate is not reasonable.”
• “Once the SEC has produced a reasonable approximation of the defendant's unlawfully acquired assets, the burden shifts to the defendant to demonstrate the SEC's estimate is not reasonable.”
• “Likewise, subsections (a) and (c) of Rule 10b-5 are not so restricted as subsection (b), because they are not limited to the making of an untrue .statement of a material fact.”
• “Speculation or conjecture cannot create a genuine issue of material fact, and a mere scintilla of evidence in support of the nonmoving party cannot overcome a motion for summary judgment.” (quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).